RIGHTS OF A LAWYER AS AN ELEMENT OF THE STRUCTURE OF ADMINISTRATIVE-LEGAL STATUS

Abstract

The article is devoted to a comprehensive analysis of the rights of a lawyer as a key element of the structure of his administrative and legal status in the system of public and legal relations of Ukraine. The legal profession is considered as an integral institution of civil society, the activity of which is aimed at the implementation of the constitutional right of a person to legal assistance and ensuring the rule of law. It is determined that the rights of a lawyer constitute the foundation of his professional activity, since they determine the boundaries, content and possibilities of implementing the lawyer’s functions in relations with state authorities, local self-government and other subjects of public administration. The paper examines the essence of the administrative and legal status of a lawyer, its elements, in particular legal personality, rights, obligations, responsibilities and guarantees, and also outlines the features of the implementation of these elements in the field of administrative law. Special attention is paid to the rights of a lawyer as a central element of the status, without which the effective performance of the functions of a defender and representative of the client’s interests is impossible.The rights of a lawyer are classified by content, nature and subjects of implementation; The article analyzes the regulatory and legal guarantees provided for by the Law of Ukraine “On the Bar and Legal Activities” and international instruments, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms and the Council of Europe Recommendations No. R(2000)21. It is determined that the presence of a wide list of rights does not ensure their real effectiveness without appropriate guarantees and mechanisms of protection against unlawful interference. Attention is drawn to typical problems of practice, including refusals to provide information to lawyers’ requests, obstruction of access to case materials, pressure on lawyers and formalism on the part of the authorities. The author concludes that the rights of a lawyer are a system-forming component of his administrative and legal status and at the same time an important element of the mechanism for ensuring human rights and freedoms. The effective implementation of these rights directly affects the level of access to justice, trust in the legal system and the development of a democratic state. The need to improve legislation on guarantees for lawyers’ activities, the introduction of effective mechanisms for holding officials accountable for violations of their rights, and the harmonization of national norms with European legal standards is substantiated.