Забезпечення виконання договору про надання юридичних послуг та особливості судового керівництва процесом

Abstract

The article deals with the issue of ensuring implementation of the agreement on the provision of legal services. Taking into account the constitutionality of the right to receive professional legal assistance, particular aspects of the legal nature of the agreement on the provision of legal services are analyzed. The specificity of the subject circle of this agreement is noted, taking into account the possibility of being an ordering party of legal services for a minor. At the same time, non-fulfillment of the terms of the specified agreement may not always be the basis for legal liability, because of the difficulty of proving guilt in improper fulfillment of its terms by one or both parties. In addition, there is a certain complexity of proof in collection of full payment on the provision of legal services by the executor. Taking into account the rules of mandatory representation of a person's rights and interests by a lawyer in courts, the following feature of the subject composition of the agreement on the provision of legal services is noted. Thus, for the provision of legal assistance in a number of legal relationships for the representation of rights and interests (for example, in executive proceedings, when providing legal advice, in minor civil court cases), the participation of a lawyer is not mandatory. Therefore, the provider of legal services can be not only a lawyer, but also any legal entity: both physical and legal. In the latter case, according to the author, there are so-called "subcontracted" legal services, in which the material legal relationship is established by an agreement on the provision of legal services between the ordering party of legal services and their executor - a legal entity. And proof in a dispute with a similar subject composition is complicated by a rather confusing circle of rights and obligations under the triangle "ordering party-executor-provider" of legal services. The article also contains references to case law materials, which gives it a practical orientation. At the same time, scientific interest in the issues of providing legal assistance, in particular by lawyers, is explained by numerous research publications in domestic and foreign publications.