ПРАВОВІ ОСНОВИ ФОРМУВАННЯ ТА ФУНКЦІОНУВАННЯ АДВОКАТСЬКОГО САМОВРЯДУВАННЯ У ГАЛИЧИНІ (1781–1918)
The article analyzes the legal principles of the formation and functioning of the attorney self-government in Galicia as part of Austria and Austria-Hungary, in particular the activities of the Lviv Bar Association (1781–1918). It is noted that in the second half of the 18th century, during the implementation of the policy of "enlightened absolutism" in the Austrian Empire under Empress Maria Theresa, and then her son Emperor Joseph II, a number of important state reforms were carried out. The institute of the bar required significant modernization, in particular, it was necessary to regulate the provisions on the procedure for obtaining the legal status of an attorney, to determine the organization and activities of the bar and the practice of law in the Austrian Empire. The formation of the institute of the bar, bodies of attorney self-government in the Austrian monarchy took place in accordance with European legal traditions, legal concepts and legislation on the bar of a number of European states. According to the Austrian law on the court of May 1, 1781, the following conditions were imposed on a person who intended to become an attorney: the presence of a higher legal education; a doctorate in law; completion of practice as an attorney and passing exams. It is shown that the formation and modernization of the institute of the bar in Galicia as part of the Austrian Empire was associated with the implementation of the policy of "enlightened absolutism" under Empress Maria Theresa, and then her son Emperor Joseph II. As a result of this policy, a number of important state reforms were carried out. The institute of the bar underwent significant modernization, in particular, the provisions on the procedure for acquiring the legal status of an attorney were regulated, the organization and activities of the bar and the practice of law in the Austrian Empire were determined. A significant positive influence was the influence on the formation of the institute of the bar, bodies of attorney self-government in the Austrian Monarchy of European legal traditions, legal concepts and legislation on the bar of a number of European states. Positive changes in the development of the institute of the bar in the Austrian Empire occurred after the "Spring of Nations". Under the influence of the demands of progressive lawyers and the advanced part of politicians, the Austrian parliament on August 16, 1849, for the first time adopted a special law on attorneys – the Temporary Regulation on Attorneys "Ustawa prowizoryczna o Adwokatach". In essence, this law regulated the main issues of the organization and activities of the bar in Austria. An important achievement in the organization and activities of the bar in Galicia was the granting of the right to attorneys to create bodies of attorney selfgovernment, in particular, in 1862 the Lviv Bar Association was created. Attorneys became representatives of a free independent profession, gained freedom of choice and change of place of residence, etc. The granting of self-government rights to Galician attorneys democratized their professional activities, attorney activity became independent, in particular from the judiciary, received broad self-government powers and the opportunity to exercise strict corporate supervision over violations of professional duties and behavior that disgraced the honor and dignity of the legal profession. Thanks to the effective activity of the Lviv and other bar associations as bodies of advocate self-government in Galicia, attorneys adhered to ethical standards and discipline, in particular, they valued professional decency; adhered to good faith; justice, honesty; were dedicated to the cause; supported the corporate spirit of the profession, etc. Adhering to these important ethical norms, Ukrainian attorneys enjoyed a well-deserved authority, which gave them the trust of the Ukrainian population of Galicia, who elected them as ambassadors (deputies) of the Austrian parliament, the Galician regional Diet. The historical experience of the formation and functioning of the attorney self-government in Galicia as part of Austria and Austria-Hungary, in particular the activities of the Lviv Bar Association (1781-1918) deserves both in-depth study and practical use in modern Ukraine. Keywords: legal basis, attorney, attorney activity, attorney self-government, Lviv Bar Association, Austrian Empire, Galicia.
Authors
- Maxym Strygun
Publication Details
- Journal
- Visnyk of the Lviv University Series Law
- Published
- 2025-06-20
- DOI
- https://doi.org/10.30970/vla.2025.80.136
- Primary Topic
- Central European and Russian historical studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00