Features of civil law nature of legal assistance agreement

Abstract

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.