Immunity of a lawyer in a civil proceeding

Abstract

The article carries out a legal analysis of issues related to the characterization of the content of the concept of legal immunity and the features of the procedural immunity of a lawyer, as a representative of a participant in a case in civil proceedings to implement the function of procedural representation in court of the interests of a person (physical, legal) by taking procedural actions on his behalf with the aim of passing a legal and justified court decision in its interests.
 It is emphasized that during the period of reforming the national legal system of Ukraine as a whole and its individual elements, which is constantly in dynamic development and this leads to the emergence of new legal norms and the need to improve the existing rules of behavior in our society in order to achieve civilized and humane approaches in ensuring development in Ukraine, a social state with a stable form of law-making and legal regulation.
 Human and citizen rights are elevated to the rank of the European standard, and therefore require effective protection by national courts.
 It has been established that judicial protection will be effective only when not only the priority of a person's interests is achieved, but also the provision of qualified legal assistance through the institution of advocacy is guaranteed by the state.
 Enshrining in Article 59 of the Constitution the right of everyone to professional legal assistance [1] and the adoption of the Law of Ukraine "On Advocacy and Advocacy” [2] did not remove the relevance of questions about the legal nature and social status of this human rights body, about guarantees for the protection of the lawyer's interests in the implementation him of professional activity in civil justice.
 The article provides the author's definition of the concept of immunity of a lawyer and reveals its procedural content and highlights its features.