АВСТРІЙСЬКЕ ТИМЧАСОВЕ ПОЛОЖЕННЯ ПРО АДВОКАТСЬКИЙ ПОРЯДОК 1849 Р.: ЗМІСТ ТА ІСТОРИКО-ПРАВОВА ХАРАКТЕРИСТИКА

The article analyzes the content of the Provisional Regulation on the Bar Procedure of August 16, 1849. It is noted that its adoption in the Austrian Empire was an important stage in the reform of the bar. The procedure for creating bar chambers, the conditions for admission to the bar, the requirements for candidates for bar status, as well as the procedure for conducting bar exams are described. The issues of disciplinary supervision and free legal aid, which were enshrined in the Provisional Regulation of 1849, are separately considered. It is shown that the Provisional Regulation of 1849 regulated the right of lawyers to represent in civil cases within the entire district of the relevant court of appeal where they had their place of residence. In criminal cases, this issue remained open, since it was envisaged to be regulated separately by law. This indicated that the jurisdiction of attorneys was significantly expanded compared to the previous norms. It is emphasized that the conditions for admission to the bar were enshrined in Article 10 of the Provisional Regulation of 1849. In particular, the Provisional Regulation established four main requirements: Austrian citizenship, majority, impeccable reputation and confirmation of qualifications by passing the bar or fiscal examination. Additionally, Article 11 of the Provisional Regulation of 1849 determined that persons who already had the right to represent parties in courts (Justiziäre) could obtain the status of attorney even without passing these examinations, if they met other requirements. It is noted that the issues of bar exams were detailed in Articles 12-17 of the Provisional Regulations of 1849. Candidates had to submit applications to the court of appeal, confirming the availability of the scientific degree of Doctor of Laws, as well as the completion of a threeyear practice (after receiving the doctorate) or a five-year internship after completing legal education at the relevant faculty. At the same time, all universities were considered equal. An important concession was the provision of Article 13 of the Provisional Regulations of 1849, which until December 31, 1850 allowed judges who had performed their duties flawlessly for five years to take the bar exam. This indicated the intention of the Austrian authorities to integrate experienced lawyers into the circle of attorneys. It is established that the procedure for conducting the exams was clearly regulated. Article 14 of the Provisional Regulations of 1849 provided for the creation of a barrister qualification commission at the court of appeal consisting of a chairman (member of the court), two judges and two attorneys. According to Article 15 of the Provisional Provisions of 1849, judges, prosecutors, attorneys and doctors of law could attend the exams. The knowledge test included an assessment of competence in civil and criminal law (Article 16), and the results of the exam determined only the suitability or unsuitability of the candidate for the practice of law, without assigning any points (Article 17). Still, we can see the reluctance of the Austrian monarchy to deviate from the standard of judicial supervision and control over advocates even at the initial stage – the candidates passing the exams. It is noteworthy that the attorney had to begin his professional activity within three months from the moment of his appointment. Otherwise, he lost this right.