Порядок проходження стажування для набуття права на заняття адвокатською діяльністю в Україні: проблеми та перспективи реформування

The article examines the institution of internship as a key element of the procedure for acquiring the right to practice law in Ukraine. The internship is seen as a mandatory stage of professional development of a future attorney-at-law, which has not only formal but also substantive significance for ensuring an adequate level of professional training of persons seeking to acquire the right to practice law. The study analyses the provisions of the current legislation of Ukraine, in particular the Law of Ukraine ‘On the Bar and Practice of Law’, as well as the regulatory legal acts of the bar self-government bodies which regulate the internship procedure, define its main tasks, objectives and content, outline the functions of the internship supervisor and requirements for reporting documents. The article pays special attention to the systemic problems of the internship institute. The author emphasises the conceptual imperfection of the current internship model as one which does not provide an adequate level of practical training of candidates for the practice of law. The article substantiates that the duration of the internship provided for by the current regulation does not provide sufficient time to acquire the practical skills necessary for the practice of law, and the possibility of its completion in the trainee’s free time largely offsets the educational and practical value of this stage of professional training. Attention is drawn to the lack of effective mechanisms for controlling the quality of the internship procedure and the formalised nature of interaction between the intern and the internship supervisor. In addition, the content of the internship programme has not been updated over the past five years, despite significant changes in legal regulation and professional standards. These shortcomings require a comprehensive review of approaches to the organisation of internships within the framework of the procedure for access to the legal profession. The article reviews the models of internships for persons intending to be admitted to the practice of law in certain EU Member States with a view to identifying the most effective legal regulation instruments which can be implemented into pre-national legislation. On the basis of the analysis, the author formulates proposals for improving the organisation of the internship procedure in Ukraine. Based on the results of the study, the author emphasises the need for a comprehensive review of the current internship model, taking into account the principles of efficiency, transparency and integrity. Such a review should be aimed at transforming the internship into a full-fledged tool for professional adaptation, ensuring not only formal compliance with the requirements, but also the actual formation and consolidation of professional knowledge, skills and abilities acquired in the course of theoretical training of a person who has successfully passed the qualification exam. The reform of the internship institute should become an important component of systemic changes in the procedure for access to the legal profession, aimed at ensuring the quality, openness and trust in the Bar as an element of justice.