ADVOCACY AS A FORM OF IMPLEMENTATION OF STATE LEGAL GUARANTEES ON LEGAL AID IN UKRAINE

Abstract

The Constitution of Ukraine guarantees everyone the right to legal assistance, including free assistance (Article 59). This right follows from the content of the Basic Law and is a component of the legal status of a person. A legal democratic state is primarily characterized by an appropriate level of protection of the rights and freedoms of a person and citizen, which are under its protection. Today, there are no such actions in society that would not be regulated by legal norms, so it is often difficult for people who do not have legal knowledge to properly use their rights, and in case of their violation, to protect them in a legal way. The rule of law must ensure the provision of the necessary legal assistance in the necessary amount. That is why it is important to consider advocacy as one of the institutions providing such assistance in the justice system. In accordance with its constitutional nature and socio-legal content, the institution of legal assistance of the bar is in a relationship with the institution of judicial power. The constitutional right to legal aid (Article 59 of the Constitution of Ukraine) is considered one of the main constitutional guarantees of the right to access to justice, which in turn is part of the right to judicial protection (Article 55 of the Constitution of Ukraine). The effectiveness of the latter largely depends on the level of legal assistance provided by lawyers. The lawyer, as well as the court, is entrusted with the constitutional duty to protect the rights, freedoms and interests of human and citizen citizens. Only when a relationship of mutual respect, mutual understanding of their roles and independence from each other is established between the court and the lawyers, it is possible to talk about establishing the truth in the administration of justice.