LAWYERS AS SUBJECTS OF PROCEDURAL REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS: DOMESTIC AND FOREIGN EXPERIENCE

Abstract

The article examines the legal nature and peculiarities of the status of a lawyer as a subject of procedural representation in administrative proceedings. The main principles of legal practice and its role in ensuring the right to defense and effective access to justice are considered. It analyzes the peculiarities of the implementation of the functions of a lawyer in administrative cases and outlines the problematic aspects of regulatory regulation and the practical application of the laws of Ukraine and the United States.The purpose of the article is to reveal the legal nature and peculiarities of the legal status of a lawyer as a subject of procedural representation in administrative proceedings, to determine his role in ensuring the right to defense and effective access to justice, as well as to characterize the basic principles of the implementation of legal practice in this area in Ukraine and the United States.It is concluded that the institution of procedural representation in administrative proceedings is a key element in ensuring the right to a fair trial and effective access to justice. In Ukraine, the regulatory model of representation is characterized by the dominance of the principle of the monopoly of lawyers, which, although it contributes to raising the professional level of legal assistance, at the same time limits the possibilities for alternative forms of protection of citizens’ rights, especially in conditions of social inequality and limited access to legal services.A comparative analysis with the US legal system shows a conceptually different approach to the organization of procedural representation, based on the principle of flexibility and multi-level mechanisms of legal assistance. The American model is characterized by the absence of a strict attorney monopoly, which allows for broader access to legal services for citizens. In the US administrative justice system, other entities authorized to provide legal assistance actively operate alongside lawyers, including paralegals, legal assistants, administrative advocates, and public interest representatives, who can provide representation in certain categories of cases or at certain stages of the process. This approach not only reduces the cost of legal assistance for the population, but also helps to relieve the burden on the legal profession, focusing its potential on cases of increased complexity and public significance.