The constitutional right of a person and a citizen to legal aid and its implementation by refugees with the help of the advocacy institute

Abstract

It is indicated that, despite the importance of socio-economic, ideological, political guarantees, the main ones are undoubtedly the legal ones (the guarantee of constitutional rights and freedoms and the impossibility of their cancellation and limitation, the guarantee of judicial protection of rights and freedoms, the right of everyone to know their rights and obligations , the right to legal assistance, etc.).The authors conclude that the institution of advocacy in the mechanism of protection of human and citizen rights and freedoms acts as one of the means for self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active actor in the process of implementing the main constitutional function of the Ukrainian state - the implementation and protection of rights and freedoms person and citizen. The constitutional and legal status of the bar allows it to actively ensure the rights of not only every person, but also of the entire civil society, to effectively implement the human rights function of the state by ensuring proper interaction in the activities of state authorities and civil society. The main features of advocacy in the mechanism of refugee rights protection, which reveal its essence in the mechanism of providing legal aid, are: 1) advocacy acts as a separate human rights institution for refugee rights; 2) the status of the bar is specifically defined in the Constitution of Ukraine; 3) the bar actively interacts with state authorities and institutions of civil society as an equal partner in the mechanism of protection of refugees’ rights; 4) as part of their professional duty to protect the rights and interests of refugees, as their clients, lawyers play an essential role in the fair administration of justice. Being an active participant in the mechanism of law enforcement, occupying an independent place in the mechanism of justice, the bar performs (should perform) an important function of public control in this area.