Abstract

The article analyzes key issues of professional legal assistance at a general theoretical level. The article defines that everyone's access to professional legal aid is a fundamental right, which is enshrined at the international legal and constitutional legal level. The right to professional legal assistance, its content and legal nature are described. Taking into account the interpretations of the studied concept of professional legal aid present in the scientific opinion, it is defined as the professional activity of lawyers, which is aimed at realizing the constitutional right to professional legal aid with the aim of observing the legitimate interests, rights and freedoms of a person by solving a problematic legal situation through the provision of legal services.
 The main problems that cause the lack of unity regarding the definition of the content of professional legal assistance are identified: terminological inconsistency in the legislation, lack of a unified approach in scientific opinion. The main approaches to the relationship between the concepts of "professional legal aid" and "legal aid" in legal science are analyzed and the content of professional legal aid is determined according to the main approaches available in the scientific literature. The specifics of professional legal assistance and its types are determined.
 It is summarized that the legislator established in Art. 59 of the Constitution of Ukraine the right to professional legal assistance, but at present there is a terminological inconsistency with this provision of the content of other legislative acts. Taking into account the above, it is proposed to improve the legal regulation of the institute of professional legal assistance by making changes to the normative legal acts that regulate various aspects of providing professional legal assistance and to eliminate terminological disagreements regarding the definition of professional legal assistance.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.