The Institute of Advocacy as a Key Element of Building the Rule of Law: Modern Challenges and Prospects

The article examines the role and place of the institution of advocacy in a modern democratic state. The author analyzes the key aspects of the functioning of the legal profession as an integral component of the legal system and civil society, its importance in ensuring the right to protection, access to justice and the implementation of the principle of the rule of law. The evolution of the role of the legal profession from the simple provision of legal assistance to active participation in the formation of the legal policy of the state, improvement of legislation and improvement of the legal culture of society is considered. Special attention is paid to the double meaning of advocacy – individual and social. The author emphasizes the importance of advocacy as a mechanism of public control in the sphere of justice, its role in ensuring the justice of the judiciary and strengthening the rule of law. The relationship between the effectiveness of advocacy and the level of democracy, compliance with the rule of law and human rights in society is analyzed. The article considers the right to qualified legal assistance as a fundamental human right, which acts as a guarantee of the realization of the entire set of rights and legitimate interests of a person. The author emphasizes the need to create effective mechanisms for the protection of human and citizen rights and freedoms, emphasizing the role of advocacy in this process. The impact of European integration processes on the development of the legal profession in Ukraine, the need for adaptation to European standards and principles is studied. The author analyzes the modern challenges faced by the legal profession and the prospects for its development in the context of the development of the rule of law. The conclusions emphasize the key role of the legal profession in ensuring a balance between the interests of the individual, society and the state, its importance for the development of democracy and the establishment of the rule of law. The author emphasizes the need for further improvement of the institution of advocacy in order to effectively perform its functions in modern conditions.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-25
DOI
https://doi.org/10.24144/2307-3322.2024.85.4.26
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

The Institute of Advocacy as a Key Element of Building the Rule of Law: Modern Challenges and Prospects

D.M. Byelov, K. - S. L. Hefner
Uzhhorod National University Herald Series Law
Legal Studies and Reforms
article

The Institute of Advocacy as a Key Element of Building the Rule of Law: Modern Challenges and Prospects

D.M. Byelov, K. - S. L. Hefner
article en

Abstract

The article examines the role and place of the institution of advocacy in a modern democratic state. The author analyzes the key aspects of the functioning of the legal profession as an integral component of the legal system and civil society, its importance in ensuring the right to protection, access to justice and the implementation of the principle of the rule of law. The evolution of the role of the legal profession from the simple provision of legal assistance to active participation in the formation of the legal policy of the state, improvement of legislation and improvement of the legal culture of society is considered. Special attention is paid to the double meaning of advocacy – individual and social. The author emphasizes the importance of advocacy as a mechanism of public control in the sphere of justice, its role in ensuring the justice of the judiciary and strengthening the rule of law. The relationship between the effectiveness of advocacy and the level of democracy, compliance with the rule of law and human rights in society is analyzed. The article considers the right to qualified legal assistance as a fundamental human right, which acts as a guarantee of the realization of the entire set of rights and legitimate interests of a person. The author emphasizes the need to create effective mechanisms for the protection of human and citizen rights and freedoms, emphasizing the role of advocacy in this process. The impact of European integration processes on the development of the legal profession in Ukraine, the need for adaptation to European standards and principles is studied. The author analyzes the modern challenges faced by the legal profession and the prospects for its development in the context of the development of the rule of law. The conclusions emphasize the key role of the legal profession in ensuring a balance between the interests of the individual, society and the state, its importance for the development of democracy and the establishment of the rule of law. The author emphasizes the need for further improvement of the institution of advocacy in order to effectively perform its functions in modern conditions.

Uzhhorod National University Herald Series LawVol. 4(85)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Legal Studies and Reforms
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