Participation Of Lawyers Research Articles

LAWYER AT THE PRELIMINARY INVESTIGATION STAGE: OPPORTUNITIES FOR PARTICIPATION IN THE ADVERSARY PROCESS

The constitutional right to defense is exercised at all stages of the criminal process. The main and mandatory stage of the criminal process is the preliminary investigation stage. An independent professional legal adviser - a lawyer - takes an active part in this stage. The author of the article examines the powers and responsibilities of a defense lawyer. The article analyzes the main directions of participation of the defense lawyer in the adversarial process, which influence the course of the investigation and the formation of the evidence base in the criminal case. The public legal nature of a lawyer’s activity is noted, despite the fact that the legal profession is an institution of civil society, not the state. A distinction is made between the participation of a lawyer in criminal proceedings as a defender and as a representative. It is concluded that the correct and full use by a lawyer of his procedural rights is a key factor that contributes to the effectiveness of ensuring and protecting the rights of the client and contributes to the general attitude towards fairness in the legal process.

Риски адвоката при использовании социальных сетей в профессиональной деятельности

The widespread use of social media in the process of to providing qualified legal assistance by representatives of various legal professions, including advocates, on the one hand, improved citizens’ access to legal infor-mation and receiving qualified legal assistance, but on the other hand, it caused new risks. World practice is replete with examples when unethical and unprofessional behavior of advocates on social media was nega-tively reflected both in law practice and on clients. Having studied such examples, the author of the article for-mulates proposals aimed at minimizing the risks associated with the participation of lawyers in social media. These proposals are aimed at expanding the ability of advocates to use social media in professional activities, comprehensive protection of such communication, as well as the ability of clients to receive up-to-date legal information and, if necessary, qualified legal assistance. The author systematized and summarized Russian and Foreign sources on the problem of this article, used such research methods as analysis and synthesis, and also statistical and prognostic methods.

ОПТИМИЗАЦИЯ УГОЛОВНОГО СУДОПРОИЗВОДСТВА В УСЛОВИЯХ ЦИФРОВОЙ ТРАНСФОРМАЦИИ

The paper reveals the problems of using modern technologies in criminal proceedings, suggests ways to optimize criminal proceedings through the digital transformation of criminal procedural forms regulating the procedure for the production of investigative actions. A special place in the work is given to the consideration of the issues of remote identification, the tactical features of the mandatory use of video recordings and the need for legislative regulation of the procedure for communicating the received video materials, conducting remote investigative actions in the "multi-conference" mode. The problems of ensuring the participation of lawyers in investigative actions conducted remotely are identified that require resolution.

THE ROLE OF LAWYERS IN THE SPHERE PUBLIC LEGAL RELATIONS

The article analyzes the role of advocacy and the functioning of advocacy in the system of public legal relations. The need to determine the appropriate role of the legal profession in the system of public legal relations is determined by the nature and development of the legal profession in the conditions of economic and political transformations taking place in the country, the intensification of political and legal life, and the emergence of new aspects of the life of society. The principled positions and evaluations made in the study are conditioned by modern theoretical views on advocacy as a non-state, independent, self-governing institution that aims to implement the constitutional guarantee of providing qualified legal assistance, court representation and protection. The performance of these functions requires establishing the status of sufficient autonomy of the bar, a certain level of its independence from state authorities, and the development of bar self-governance. The relevance of the researched topic is that in the Ukrainian doctrine of administrative law, the approach to understanding the essence of public-law relations is changing and there is a need for its modernization, which would allow directing the activities of the subjects of power, during the performance of the functions assigned to them, in the direction maximum provision and promotion of the rights and freedoms of the citizen. It is the lawyer's activity and the lawyer's participation in public legal relations that are an important element in the system of protection of legal rights and freedoms of citizens. At the same time, in order to implement his human rights activities, the role of the lawyer himself in the field of public legal relations should be regulated by legislative norms. The bar plays a significant role in the field of public legal relations and is designed to contribute to the protection of the legal interests of citizens, primarily of this society and the state, it plays a fundamental role in observing and establishing the rule of law and human rights and freedoms. This is a complex manifestation of both state and public interest, because it is thanks to the legal profession that the legal state truly fulfills its duty to ensure the right and freedoms of its citizens. On the one hand, the activities of lawyers have a constitutionally determined and state-significant significance, and on the other hand, lawyers must be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. The bar, by its very nature, is a unique legal structure, the only organization that performs a public-legal function. On the contrary, the legal profession distances itself as much as possible from the state apparatus.

. Lawyer's participation in cases on establishing the fact of living in the same family of a man and a woman without marriage registration

. Lawyer's participation in cases on establishing the fact of living in the same family of a man and a woman without marriage registration

Forensic and Pharmaceutical, Criminal and Legal, Social and Economic Study of the Conditions, that Cause Bribery Corruption in the System of Legal Relations "Doctor-Patient-Investigator-Lawyer"

Based on the forensic and pharmaceutical, criminal and legal, social and economic research, analyzed the reasons and conditions causing bribery in the field of healthcare, committed by doctors who were officials. The analysis of the forensic and pharmaceutical practice on reports of the medical expertise commission showed that there is no information about the participation of lawyers in the system of legal relations "doctor-patient-investigator-lawyer". The obtained conclusions indicate that it is necessary to increase the level of advocacy during the investigation of criminal cases at the pre-trial and judicial investigation. In addition, in order to strengthen information co-operation between doctors and officials of healthcare institutions concerning the improvement of qualifications in matters of medical and pharmaceutical law of Ukraine, necessary measures were proposed. Normative initiatives to increase the level of criminal responsibility were given. Recommended to the leadership of the KhMAPE and Public Organization "Association of Medical and Pharmaceutical Law" to appeal with a corresponding initiative to the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Internal Affairs of Ukraine, the Cabinet of Ministers of Ukraine to prevent the causes and conditions that cause bribery among communal non-profit enterprises – healthcare institutions.

Persons engaged in advocacy and citizens who guarantee the implementation of such activities

In this article, we will discuss the concept and modern forms of procedural agreement, one of the new institutions of legal proceedings. In addition, the types of procedural agreements issued in the Criminal Procedure Code, in accordance with the new law, provide for the participation of lawyers in criminal proceedings. Protection of individuals from criminal prosecution specified in Part 2 of Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan is carried out by lawyers. Advocacy is the property of lawyers, that is, a class of people who have devoted themselves to this profession. The most complete concept of advocacy is as follows: advocacy is a professional organization that provides legal assistance to the population and legal entities on the basis of the law. The purpose of the article is to improve the Criminal Procedure legislation and legal practice in criminal cases in accordance with the accumulated theoretical and practical knowledge in this area, as well as the norms of the Criminal Code. The comparative legal analysis of subjects, participants of procedural record-keeping is made. The work illustrates the legal institutions of subjects, namely representatives of the accused party to protect violated human rights and freedoms. Relevance of the research topic: the effectiveness of the criminal process in the process of fraud of a suspect, accused, a defense lawyer. Keywords: justice, accused, criminal process, lawyer, defense attorney.

Участь адвоката у справах щодо визначення місця проживання дітей та участі батьків у їх вихованні

The article highlights the peculiarities of a lawyer's participation in cases concerning the determination of children's place of residence, cases of participation in upbringing and the order of communication between parents and children. The author analyzes the main provisions of family law and the rules of civil procedural law governing the determination of place of

К «истории человеческих жертвоприношений»: П.В. Вологодский и томский погром 1905 г.

The aim of the article is to study the various aspects of Pyotr Vologodsky's relation to the Tomsk pogrom in October 1905 and the clarification of his roles in the scenarios of the unrest. Using microhistorical detailing and comparative methods, the lawyer's participation in the actions that preceded the bloodshed, the behavior at the time of conflict escalation and after it is reconstructed. The clerical materials, periodicals, memoirs, and other historical sources involved in the study can significantly supplement knowledge of one of the bloodiest episodes in the history of Tomsk and establish that the future Prime Minister of the anti-Bolshevik governments had a direct relation to it in different ways. He was a political and public figure who discredited state power, supported initiatives that had the effect of destabilizing the situation in the city. Thanks to personal and business ties, Vologodsky was among the most influential figures in the ranks of the Tomsk opposition, who nurtured the idea of eliminating the police and creating a new security system in the city. On the eve of the pogrom, the opposition formulated a demand for the resignation of the heads of the local state apparatus and revolutionized the situation. In anticipation of the riots, the politician became a victim of violence when he defended the rallying youth; during the looting of the property of the townspeople, his apartment miraculously escaped defeat. Being an authoritative lawyer, Vologodsky held a leading position in the regional legal community. The lawyer had long-standing acquaintances with judicial figures who played an important role in the liberation movement, who were responsible for investigating crimes after the pogrom. Vologodsky was a prominent publicist and had the ability to influence public opinion through the Tomsk press. In solidarity with other opponents of the autocracy, he declared the leaders of local administrations and police responsible for the pogrom through the newspaper Sibirskiy Vestnik. Confrontation with the authorities made him leave the city in February 1906. At the trial procedure of the Tomsk pogrom of 1909 the defendants were minor persons. The speech in this process as a defender of the interests of civil plaintiffs did not belong to the glorious pages of Vologodsky's lawyer career. There were few convicts, and most of them deserved pardon by the emperor. Explaining the bloodshed, Vologodsky denied the crucial importance of the rioters' hatred of the Jews and saw the underlying causes of the riots in breaking social relations caused by modernization processes.

THE PRINCIPLE OF ENSURING THE RIGHT OF THE ACCUSED AND SUSPECT TO DEFENSE

The principle of ensuring the right of the accused and suspect to defense is one of the absolute guarantees of the protection of the rights of these participants. However, despite its sufficient regulation, in practice there are several issues that need to be resolved. The right to defense is not identical to the right to provide qualified legal assistance, which calls into question the implementation of the principle in question from the standpoint of protecting the rights of accused and suspects, while the legislator allows the possibility of exercising this right not only by lawyers, but also by other persons. The right to protection must be provided by professionals. The provision allowing the protection of the rights of juvenile accused and suspects with their consent by legal representatives or other persons is controversial, but this approach is unacceptable for minors. The participation of a defense lawyer in cases of juvenile delinquency must be unconditional at all stages of the process. The legislator does not specify what is meant by mental or physical disabilities that prevent the accused and the suspect from exercising the right to defense, since in this case we are not talking about the insane. It is necessary to clearly define the content of these disorders that require the mandatory participation of a lawyer.

Здійснення окремих видів юридичної діяльності в умовах англо-американської правової сім’ї

The article analyzes the study of the genesis of legal activity in the Anglo-American legal family on the examples of the “maternal” legal systems of England and the USA, as well as the peculiarities of the activity of lawyers in various spheres of public life, the variety of legal specialties, forms and areas of participation of lawyers in law-making, enforcement, the

LEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS

The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.

ДЕЯКІ АСПЕКТИ УЧАСТІ АДВОКАТА В НОТАРІАЛЬНОМУ ПРОЦЕСІ

The article examines the role and functional importance of the lawyer's involvement in the notarial process, discusses the peculiarities of the lawyer's procedural activity in committing certain groups of notarial proceedings. Based on the analysis of judicial and notarial practice, the authors consider the issues of registration of the powers of the lawyer who provides representation in the notarial process. The article concludes that it is necessary to eliminate ambiguous understanding of documentary confirmation of the representative's powers. The specifics of participation in the notarial process and the peculiarities of legal regulation for such participation are determined by the nature of procedural formalities in the sphere of the notarial process. The necessity of determining the lawyer's powers in the notarial process on the basis of a power of attorney issubstantiated. The specifics of the lawyer's activity in the notarial process are proposed to be determined on the basis of two significant aspects: the legal status of the person represented by the lawyer and the nature, complexity, subjectivity of the notarial proceedings. Since the notarial procedure involves the search for the most favorable, acceptable to the parties options for solving their legal situation, the use of various instruments of legal technique, the negative effects of the lawyer's participation in the dynamics of notarial proceedings areanalyzed. Particular attention is paid to the functional component of the lawyer's participation in the notarial proceedings in terms of the stage of the notarial process. Based on the analysis of the case law and the practice of notary decrees on the refusal to perform a notarial act, it is concluded that most of the refusals were made on the grounds that could be eliminated or corrected by the applicant. The paper also stipulates the expediency of the lawyer's involvement in the notarial process for the purpose of increasing the efficiency of such a process. The efficiency of the lawyer's participation in the stage of preparation for the execution of the notary proceedings is determined in order to ensure the legal analysis of the documents as should be provided by the applicant for confirmation of one or another legal fact; legal analysis of the grounds for refusal of a notary in committing notarial proceedings; ways of adjusting the course of the notarial process, offering alternatives to solving the legal situation of theperson. The article highlights the problematic aspects of the personal participation of a person on behalf of and in the name of whom the notarial proceedings are committed. Cases where such participation is mandatory are demonstrated. Based on the research, the authors of the article offer independent conclusions and judgments on the analyzed topics.

Participation of Lawyer in Cases Related to Purchases

Participation of Lawyer in Cases Related to Purchases

THE POWER OF COUNSEL TO INVESTIGATE EVIDENCE IN THE COURT OF APPEAL

Purpose. The purpose of the paper is to consider the problematic aspects of the lawyer's participation in the study of evidence in the court of appeal, as to the procedure for the investigation, the possibility of presenting new evidence, participation in expert activities, etc. Determine the methodological features of the lawyer's activity in the evidentiary activity, which are conditioned by this stage of the criminal process. The methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative. Results in the course of the research it was determined that the examination of the evidence in the court of appeal has peculiarities in comparison with the court of first instance. Based on a comparative study, it is determined that such features are conditioned by an existing appeal, which limits the range of circumstances under investigation, as well as how the party tactically influences the process of investigating evidence. Originality. In the course of the investigation it was established that the tactics of investigating evidence in the court of appeal depend on who initiated the commencement of the proceedings. The peculiarities of individual court actions depend on the limits set by the appeal. Practical significance. The results of the study can be used in the law enforcement practice of the rules of the Criminal Procedure Code, regarding the activity of a defense counsel in reviewing court decisions by an appellate court.

On Plaintiff Preferences Regarding Methods of Compensating Lawyers

Abstract This paper analyzes a litigation contest in which the plaintiff’s lawyer and the defendant choose effort. The plaintiff selects the relative importance of a contract component related to the judgment (similar to contingent fees) and a component related to the lawyer’s efforts (similar to conditional fees) to ensure lawyer participation and guide the lawyer’s decision-making. For our setup, we find that the plaintiff considers the component related to the lawyer’s effort to be the relatively more desirable instrument in the light of its effort-inducing and cost characteristics. However, high levels of the lawyer’s outside utility may limit the role of this component.

CONSTITUTIONAL AND LEGAL SUPPORT OF EXPERT SUPPORT OF LEGISLATIVE ACTIVITY IN THE FIELD OF COUNTERING DISCRIMINATION

The problems of theory and practice of ensuring the principles of equality and anti-discrimination and constitutional and legal support of expert support of legislative activity in this area are considered. It is argued that the issue of equality and the prohibition of discrimination is a largescale and complex branch of theoretical discussions and practical policy. These issues can not be separated from other thematic areas, such as civic integration, multiculturalism, overcoming and eliminating various phobias, developing intercultural dialogue, reconciliation and tolerance. It analyzes the main acts of the national legislation, which proclaim these principles, as well as relevant modern legislative initiatives. The main issues of anti-discrimination legislation and legislative regulation of the principles of equality and anti-discrimination are considered. The arguments are made that anti-discrimination legislation in Ukraine is predominantly declarative, contradictory and fragmented. The main factors of subjective and objective nature that determine the low level of legislative initiatives in the field of countering discrimination are analyzed. It turns out that expert support of legislative activity and legislative process as a whole becomes the most important mechanism for preventing gaps in the system of legislation, avoiding legal conflicts, eliminating defects, legislative abnormalities and erroneous norms, combating corruption, etc. This is essential in anti-discrimination processes. According to foreign experience, expert activity plays a huge role in terms of the effectiveness of the legislative process. High activity and participation of civil society institutions in the implementation of anti-discrimination expertise, especially academics, independent experts, media representatives, NGOs, various associations of human rights activists, etc. are noted. It is concluded that the constitutional and legal regulation of expert support of the legislative process in the field of combating discrimination in Ukraine is insufficient. It is proved that the facultative nature of the results of scientific legal expertise leads to a decrease in the role and weight of legal science in the process of creating legal norms. Indeed, despite some contradictions and fragmentation, the domestic doctrine in the field of countering discrimination far outstrips the development of anti-discrimination legislation. It seems that this is one of the reasons for the poor quality and inefficiency of some of the laws. The participation of lawyers in the early stages of the lawmaking procedure is one of the important guarantees of the quality and preconditions for anti-discrimination legislation.

Criticism on the Arguments against the Participation of Lawyer in the Process of Suspect Interrogation : Focusing the Discussion in Germany

Criticism on the Arguments against the Participation of Lawyer in the Process of Suspect Interrogation : Focusing the Discussion in Germany

Associations with legal representation in a compensation setting 12 months after injury

ContextMany people with Whiplash Associated Disorder (WAD) seek treatment though a compensation system where factors such as legal involvement have been reported as having a negative impact on recovery outcomes. ObjectiveTo compare those with and without legal involvement in their compensation claim, and identify associations with legal involvement at 12 months post injury; and longer term disability. Study designInception cohort study. Participants246 people with WAD compensation claim. Outcome measuresLegal involvement and Functional Rating Index at 12 months post injury. MethodsParticipants were recruited from an insurance database. Baseline health (Functional Rating Index, Pain Catastrophising Scale and SF-36), socio-economic, work capacity, and claims data were collected within three months of injury and 12 months. Logistic regression models were used to identify associations with legal involvement at 12 months; and disability (FRI) at 12 months. ResultsAt baseline 246 participants were enrolled into the study in a median 72 days post injury. At 12 months post injury 52 (25%) had engaged a lawyer. The significant independent associations with legal involvement at 12 months were higher levels of initial disability, work disability, speaking a language other than English at home and lower levels of mental health. Specifically, the odds of lawyer involvement at 12 months post injury was 4.9 times greater for those with work disability; 2.3 times greater for those who spoke a language other than English at home. In terms of health, they had poorer mental health and for every 10 unit increase in the baseline FRI score the odds of having lawyer involvement increased by 38%. Disabilityat 12 months (FRI) was significantly independently associated with, PCS-helplessness (p<0.001), age (p<0.001) and prior claim (p=0.001). ConclusionThis study suggests the people with lawyer involvement in their claim 12 months after injury have socio-economic disadvantage, have had a prior claim and a worse baseline health profile compared to those without a lawyer.Understanding this profile could allow for improved claims processes and targeted interventions to assist this group through any perceived complexities in the system and address the underlying reasons for lawyer participation within compensation schemes.

Lawyers' participation in mediation and professional ethical disposition

ABSTRACTThe ways that lawyers approach mediation vary considerably and there is value in contemplating potential explanations for the adoption of particular participatory roles. This article considers how ethical orientation to legal practice might correlate with the nature of lawyers' participation in mediation, using three of Rundle's models of lawyer participation in mediation. Role choices by lawyers who approach legal practice through the professional ethical lenses described by Parker and Evans are hypothesised, uncovering a range of potential explanations for and motivations behind lawyers' behaviour in mediation. The discussion provides an opportunity for critical self-reflection by legal practitioners and better interprofessional understanding between lawyers and mediators.