Professional Legal Assistance Research Articles

Ототожнення адвоката з клієнтом як порушення прав та гарантій адвокатської діяльності

The article is devoted to highlighting one of the actual problems of identifying a lawyer with a client. The European direction of the development of Ukraine as a legal state actualizes the problems of guaranteeing the rights and freedoms of the participants in the judicial process, as well as their effective protection against socially dangerous encroachments. A bar exists to provide professional legal assistance in Ukraine. The principles of the organization of advocacy activities and the implementation of advocacy activities in Ukraine are determined by the Law "On Advocacy and Advocacy Activities", decisions of the National Association of Advocates of Ukraine, the rules of advocacy ethics, etc. At the same time, the organization of the high-quality work of the bar and the implementation of the principle of competitive justice requires the mandatory provision of real security guarantees for defenders or representatives of persons. The state has a duty to ensure that lawyers are not identified with their clients or with the motives of their clients' actions as a result of their professional duties. Lawyers can be identified with clients because they are accused of serious crimes, because they receive confidential information, or because they defend their clients. This often happens in high-profile or politically motivated cases, including those involving accusations of treason or terrorism in connection with the armed conflict in eastern Ukraine. Lawyers continue to be identified with their clients and face negative consequences not only at the hands of violent, extremist and radical groups, but also as a result of the abuse of legal procedures against them. Under no circumstances should attorneys identify with their clients or their clients' motives for acting as a result of representing clients, including those whose political beliefs are contrary to the official position of the government.

Problematic issues of legal regulation of participation of an advocate in criminal proceedings for the provision of professional legal assistance to participants in such proceedings

The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is well regulated, complies with international standards and does not require any adjustment.
 The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is sufficiently regulated, complies with international standards and does not require any adjustment. However, as practice shows, many problems arise in the implementation of criminal procedural law based on conflicts and gaps in it. Among them, a major place is occupied by the problems of defense, representation and other types of professional legal assistance to participants in criminal proceedings by an advocate.
 The article examines the state of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings. The authors analyze the absence of the right of the victim and his/her representative to engage an expert in criminal proceedings on contractual terms, other restrictions on the rights of the victim and his or her representative to collect evidence, the right to review the pre-trial investigation materials before its completion, no right to receive a copy of the notice of suspicion and indictment, no right to file a request to the investigating judge for temporary access to things or documents, as well as the right to appeal against a preventive measure applied to a suspect/accused on the grounds of its leniency, etc.
 The article also analyzes the rights of a representative of a civil plaintiff or a civil defendant in criminal proceedings in relation to the rights provided for by the Civil Procedure Code of Ukraine, the author draws attention to the need to provide representation for another owner or possessor of property in legal relations regarding the right to file a petition to cancel the arrest of property in whole or in part, and considers the procedural status of a witness's advocate and a whistleblower's advocate.
 The article proposes amendments to the provisions of the Criminal Procedure Code of Ukraine in the context of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings.

Порядок и пределы возмещения сумм, затраченных на обращение за квалифицированной юридической помощью в уголовном процессе

Introduction: the constitutional right of citizens to receive professional legal assistance can be secured if there is an effective and affordable mechanism for reimbursing expenses related to legal assistance from an attorney. The insufficient scientific research on the topic as well as not always effective reforms of the institutions of reimbursing expenses for the attorney’s assistance to rehabilitated persons and to victims, the collection from the convict of procedural costs related to the renumeration of the appointed attorney, result in judicial errors when resolving issues of reimbursement of such expenses, which, in turn, leads to violation of the rights of participants in the criminal process. The purpose of the study is, first, to identify the legal nature, the most effective procedural form, and fair limits of reimbursement for legal assistance received by: a rehabilitated person, a person unreasonably prosecuted in a criminal case of private prosecution, a victim – on a reimbursable basis (under an agreement with an attorney) as well as by the suspect or the accused having no possibility to hire an attorney – on a non-reimbursable basis (with funding from the federal budget); second, to formulate proposals for further improvement of the institution of procedural costs reimbursement. Results: we analyzed the development dynamics of criminal procedure legislation and the impact that the positions of the Constitutional Court of the Russian Federation and law application practice have on this development. The analysis revealed some shortcomings in law and the practice of its application, solutions to these problems are proposed. Conclusions: we defined the criteria for determining the limits of reimbursement of expenses incurred by a person subjected to unlawful or unfounded criminal prosecution; formulated a list of grounds for exempting the accused from procedural costs being collected from him for an appointed attorney in cases where such expenses were unreasonable and (or) irrational; described the way to further improve the procedure for reimbursing the victim for the assistance of an attorney that would allow ensuring equal procedural opportunities for victims in terms of reimbursement of expenses incurred both in pre-trial proceedings and in trial.

Immunity of a lawyer in a civil proceeding

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.

Аdvocate in criminal proceedings: organizational and legal principles

The article examines the organizational and legal principles of the advocate’s activities in criminal proceedings. The authors noted that a major role in ensuring the rights and freedoms of individuals during criminal proceedings belongs to advocates, who must provide the necessary professional legal assistance to the participants in the process. But high-quality professional legal assistance of an advocate depends on many factors, both subjective and objective. It was determined that the quality of the legal regulation of an advocate’s activity in criminal proceedings directly affects him and, secondarily, the person to whom he provides professional legal assistance.When conducting research, the authors take as a basis the fact that the participation of an advocate in criminal proceedings requires the presence of 2 legal statuses: 1) an advocate of Ukraine, 2) the status of a participant in a criminal proceeding (defender or representative). Based on this approach, the collection of evidence by the defense, the right to receive information and copies of documents in the context of maintaining the secrecy of the pretrial investigation, the recusal of other participants in the criminal proceedings in connection with the involvement of a advocate who is related to the participant in the criminal proceedings, the provision of professional of legal assistance by an advocate to persons whose procedural status is not regulated in detail analyzed.Investigating the organizational principles of an advocate’s activity in criminal proceedings, the authors drew attention to the role of curfew in a advocate’s work, insufficient research into the tactics of a advocate’s tactics in criminal proceedings and methods of defense in proceedings regarding a separate category of criminal offenses. Based on the results, a conclusion was formed that among the outlined problems there is a regularity is connected with the fact that the Law of Ukraine “About Advocacy and Advocacy Activities” details separate provisions of the advocate’s participation in criminal proceedings, which are not defined by the Criminal Procedure Code of Ukraine, in turn, causes their uneven implementation by the authorized subjects of the CPC of Ukraine. And the research direction of the advocate’s participation tactics and methods of defense or representation in certain types of criminal proceedings is recognized as perspective.

International legal standards for the protection of a defender or a person’s representative from interference in their activities

The article provides a scientific analysis of international legal standards for the protection of a defender or a person’s representative from interference in their activities. It is emphasized that the formation of an effective legal mechanism aimed at achieving compliance of domestic legislation with international standards is important for ensuring the process of bringing national legislation into compliance with the requirements of leading legal democracies. It was emphasized that the practice of the European Court of Human Rights serves as an additional tool for the effective implementation of the function of protecting a person and representing his interests in criminal proceedings. In view of numerous violations of the basic components of the right to professional legal assistance, as well as the rights of defenders and representatives of persons involved in criminal proceedings, it is emphasized to take into account the provisions of the European Convention on Human Rights and the conclusions set forth in the decisions of the European Court of Human Rights regarding related to the activities of a lawyer, a person’s representative in an adversarial criminal process. It was concluded that the international legal norms, which establish general requirements for the implementation of judicial proceedings, are not only a procedural guarantee of ensuring the right to qualified legal assistance at the national level, their implementation in terms of the protection of a defender or representative of a person involved in criminal proceedings from external interference is designed to create conditions for the fulfillment of their functions by the specified entities. The principles of criminal proceedings are highlighted, which reflect the main requirements for the unhindered activity of a defender or a person’s representative in criminal proceedings, such as: legality; Rule of Law; ensuring the right to protection; the right to a fair trial; the right to freedom and personal integrity; equality before the law and the court, etc. Attention is drawn to the fact that any form of obstruction to the legitimate activity of a defense attorney or a representative of a person providing legal assistance in criminal proceedings, as well as violations of statutory guarantees of their activity, defined in international legal acts, must be considered as illegal, criminally punishable acts, defined by Art. 397 of the Criminal Code of Ukraine.

Адвокатське самоврядування в контексті судово-правової реформи в Україні

The article reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.

Advocate in the system of free legal aid: organizational and legal basis of interaction

The article is devoted to the study of the organizational and legal foundations of the interaction of advocates and the system of free legal aid. It has been established that the provision of free secondary legal aid to a certain category of persons is a constitutional guarantee and a positive obligation of the state, which is implemented thanks to the system of free legal aid and to a large extent the involvement of lawyers in it, who are one of the subjects authorized to provide various types legal services. The views of scientists and practitioners on the issue of the monopoly of providing professional legal assistance by lawyers are analyzed. The author supported the arguments in her favor.
 Particular attention is paid to the statistical indicators of the provision of free secondary legal assistance by advocates, which demonstrate the importance of the latter's work in the system of free legal assistance and their demand. It was determined that the organizational aspects of the cooperation of advocates with the system of free legal aid are, firstly, the selection of lawyers, secondly, the distribution of cases, thirdly, the payment of fees, and fourthly, the control over the quality of their work.
 The features of the competitive selection of lawyers for the system of free legal aid are analyzed. The thesis that they are formalized can be refuted by clear criteria according to which advocates can provide free legal aid, because without them it is impossible to hold a competition. At the same time, the selection of advocates for the system of free legal aid should be as transparent as possible. Another problem is the distribution of cases between advocates, which can be solved by improving the information and analytical system of free legal aid, which will provide for an automated procedure for the distribution of cases. The following two organizational aspects of the interaction of advocates and the system of free legal aid are called remuneration of lawyers and control over the quality of their work. Attention is focused on the debt problem that arose before advocates during the martial law period and the importance of its solution.

Гонорар успеха: нормативное регулирование, особенности оформления соглашений, риски, судебная практика

The article is devoted to the institution of contingency fee to lawyers for the provision of legal services, its ambiguous assessment, both in legal doctrine and in the current judicial practice, which creates certain obstacles to the introduction of contingency fee in the mechanism for improving the quality of professional legal assistance. Based on the analysis of the acts of the current legislation and the legal positions of the highest court, the author comes to the conclusion that, despite the ambiguity of the attitude towards the contingency fee as a type of incentive payment for a lawyer, its final legalization and a uniform understanding at the level of law enforcement practice are only a matter of time and firstly depend on consistent and worked out procedures on the part of the legislator.

The essence and social purpose of advocacy: a comparative legal discourse

Advocacy comes from the latin word advocare, which means a person who is turned to when help is needed. In the Middle Ages, an advocatus usually acted as a representative of a feudal lord or an institution, such as a local abbey. As societydeveloped, the concept of advocacy also changed. Today, advocacy still has the same meaning - a person called to advocate for another, but instead of being the spokesman or legal representative of a powerful ruler or church, modern advocatesusually advocate or defend specific interests and rights.Article 59 of the Basic Law of the country proclaims a dogmatic idea, which consists in guaranteeing every citizen, excluding anymanifestation of discrimination, the right to professional legal assistance. In turn, the concentration of the social orientation of the legal profession can be traced in Article 131 with note 2, which delegates the exclusive right to represent public interests in court, as well as defense against criminal charges, to the bar. In turn, the functional purpose of the advocacy as a single, independent, professional, human rights institution, which consists in the protection of the rights, freedoms and legitimate interests of individuals, is implemented on the principles of the rule of law, legality, independence enshrined in the Law of Ukraine «On Advocacy and Advocacy», confidentiality and avoidance of conflict of interest.The development of the rule of law is impossible without the proper functioning of legal institutions whose activities are aimed at protecting human rights and freedoms. First of all, the scope of the professional rights of lawyers and their duties, the degree of independence, the guarantees of practicing the legal profession, the provision of legal assistance to citizens, the professionalism and availability of legal tools, and the observance of human rights in the process of carrying out activities testify to the democracy of the legal profession. Therefore, at this stage of the development of the science of constitutional law,it is extremely relevant and expedient to study the essence and social role of a lawyer in the life of civil society, which is important, through the prism of the provisions of the national and foreign concepts.

Regarding the expediency of introducing mandatory insurance of civil liability of a lawyer

This article is devoted to the disclosure of questions regarding the expediency of introducing into the national legislation a provision on the insurance of the civil liability of the lawyer, in particular, through the prism of voluntariness or obligation to establish it.
 Within the scope of this article, different approaches of domestic and foreign scientists regarding the advantages and disadvantages of the lawyer's civil liability insurance institute were investigated. The points of view of legislators of foreign countries regarding the necessity of voluntary or mandatory nature of its consolidation are also analyzed.
 The position is argued, according to which, first of all, taking into account the fact that for most foreign countries civil liability insurance of lawyers is actually an everyday norm that ensures the proper functioning of the legal profession as a whole, we consider it expedient to enshrine provisions on this type of insurance at the legislative level in Ukraine as well.
 Attention is focused on the fact that the introduction of the lawyer's civil liability insurance institute is directly aimed at protecting his interests, but this institute also plays an important role in defending the interests of the lawyer's clients, who constantly need professional legal assistance in the implementation of their rights and legitimate interests.
 To achieve the goal, the author used methods characteristic of legal science. The research was conducted primarily using the system-structural and comparative-legal method, as well as the dialectical method of learning legal reality.
 Based on the conducted research, the author concludes that the introduction of this institute should establish additional guarantees of providing professional legal assistance by a lawyer at the appropriate level in order to ensure the realization of the rights and legitimate interests of his clients.

Concept of professional legal aid in Ukraine: general theoretical aspect

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.

Problematic issues of collecting evidence by the defense in criminal proceedings

The genesis, legislative enshrining in the norms of international legislation and the Constitution of Ukraine of the national process regarding the provision and implementation of the right to professional legal assistance in the criminal proceedings of Ukraine, as well as the state of the procedural mechanism for collecting evidence by the defense party, have been studied. The method of comparison has been applied with respect to the previous criminal procedural legislation of 1960 and the current Criminal Procedure Code of Ukraine of 2012 on the issues raised. At the retrospective level, existing problematic issues of the procedural mechanism for collecting and obtaining evidence by the defense at the stage of pre-trial investigation have been investigated. For this purpose, it has been clarified the powers of the defense party, including defense counsel, suspect, accused, convicted, acquitted person, person in respect of whom the use of compulsory medical or educational measures are envisaged or the issue of their use has been decided, as well as person in respect of whom the issue of extradition to a foreign state is to be considered, to collect evidence. At the same time, the scientific positions of scientists and representatives of scientific schools, the results of the existing discussion on the raised problematic and promising issues have been investigated.
 Based on the results of the research, a number of proposals and recommendations for improving theoretical and applied issues in the researched direction have been developed and proposed. Attention has been drawn to the fact that the Criminal Procedure Code of Ukraine enshrines provisions according to which the defense is granted the right to collect factual data significant for criminal proceedings, but at the same time, the procedural form of implementing this right is not fully provided for, which is the subject to legislative clarification. In the course of discussion, the suggestions of the scientists regarding the elimination of the inconsistency between the use and application of the phrase “the right to professional legal assistance”, which is enshrined in the Basic Law of Ukraine, but not implemented and used in the current Criminal Procedure Code of Ukraine and other legislative acts, have been supported. It has been proposed to eliminate the indicated inconsistencies in a legislative manner.

Components of the mechanism of notary activity: theoretical and legal dimension

In the author’s work, the components of the mechanism of notarial activity as a theoretical and legal phenomenon were analyzed. The relevance of the research topic and the importance of modernizing the understanding of the componentsof the mechanism of notarial activity in the modern conditions of its development were noted.The cognitive features of the subject of this article have been established. The author emphasized that the prospects for improving notarial activity are in the area of strengthening its functioning as a single integral mechanism that provides an effective algorithm for the notary to implement its functions on the basis of complexity, professionalism and efficiency. Onthe basis of the analysis of doctrinal approaches to understanding the mechanism of notarial activity, the definition of the specified concept as a type of legal mechanism of notarial activity, the content of which is an ordered system of interrelated legal means aimed at normalizing and giving legal form to social relations arising from the implementation of notarial activities, has been clarified actions related to certification of rights and facts that have legal significance, taking other actions with the aim of giving them legal credibility, as well as providing citizens and legal entities with other professional legal assistance. The components of the mechanism of notarial activity are singled out and characterized, namely regulatory andlegal support, legal facts, notarial-procedural legal relations, acts of application of law, legal means of protecting the rights and legitimate interests of participants in notarial proceedings.It is summarized that the mechanism of notarial activity is the main way of functioning of the notary institution, a set of legal means of performing its main functions defined by legislation. It is his proper scientific research that should be the basis for improving the practice of functioning of notaries in Ukraine.

The right to the assistance of the defense counsel in the light of the European Court of Human Rights case law

The article analyzes the standard of the accused’s right to enjoy professional legal assistance as developed in the case law of the European Court of Human Rights. Its purpose is to illustrate the Court’s broad understanding of this right, which is supported not only by its essential substantive components but also in its connection to the principle of a fair trial. It highlights the subjective and objective scopes of the accused’s right to the assistance of the defense counsel as well as the question of the waiver of this right, the prerequisites for appointment of the public defender, and the criteria for the implementation of the guarantee standard arising from this right. In the conclusion, the author presents several reflections resulting from the juxtaposition of the “conventional” standard of the right to the assistance of the defense counsel with its implementation in the Polish legal order.

Peculiarities of refund of court costs for professional assistance of a lawyer in civil procedure

The scientific article examines the features of reimbursement of court costs for professional assistance of a lawyer in civil proceedings in Ukraine. Particular attention is paid to certain aspects in particular: belonging to court costs, the procedure for reimbursement of legal costs to the parties, verification of compliance with the costs of professional legal assistance, determining the amount of attorney’s fees (in proportion to the volume of services provided, complexity of the case). the importance of the case to the party, including the impact of the decision on the reputation of the party or the public interest in the case), reducing court costs at the request of the party or in the absence of such a request. Also, the article analyzes some aspects of the realization of everyone’s right to judicial protection, which is directly guaranteed by the Constitution of Ukraine and the laws of Ukraine. In particular, it is determined that this right can be exercised by anyone whose rights, freedoms or interests have been violated within the constitutional, civil, commercial, administrative and criminal proceedings of Ukraine. The protection procedure is carried out in court. The litigation is characterized by significant costs for the parties involved. The article analyzes in detail the features of reimbursement of legal fees for professional assistance of a lawyer in civil proceedings, highlights gaps in the legal field of civil law, namely the amount of attorney’s fees, the order of reimbursement of legal costs, the possibility of reducing the cost of professional legal assistance in the absence of a request.
 Also, the article analyzes the case law, analyzes the peculiarities of reimbursement of expenses for individuals and legal entities to receive legal aid. It is directly stated that determining the amount of attorney’s fees always has its own characteristics and individual nature, which depends on the case and costs incurred.

Lawyer training as one of his professional duties: general provisions

This article is devoted to the issues related to clarifying the essence of the professional duty of a lawyer to improve their skills.
 This article examines the different approaches of scholars, as well as reveals the position of the legislator to determine the legal nature of the institute of professional development, which is perceived as one of the defining professional responsibilities of a lawyer. International and regional standards are also analyzed, which are important for the formation of quality national (domestic) standards of organization and activity of the bar.
 The position is argued that the improvement of a lawyer’s qualification is one of his defining responsibilities, the consolidation of which is primarily aimed at ensuring the proper implementation of the constitutional right of a person to receive professional legal assistance. Emphasis is placed on the fact that such assistance is impossible without a lawyer with the appropriate set of knowledge and experience in solving the tasks assigned to him, awareness of the specifics of tactics and methods of advocacy, possession of a wide range of both procedural and non-procedural methods of professional assistance.
 To achieve this goal, the author used methods typical of legal science. The research was conducted using primarily the system-structural method and the dialectical method of cognition of legal reality.
 Based on the study, the author concludes that the continuous and continuous improvement of lawyers’ skills plays an important role in the functioning of the professional bar and is one of the main prerequisites for the successful functioning of the justice system as a whole. as one of the basic principles of the organization of advocacy, which in essence is a mandatory standard of the legal profession.

Legal assistance in administrative judiciary

The article is devoted to the study of the content and types of professional legal assistance in administrative proceedings, during the exercise of judicial control over the implementation of court decisions in administrative cases and beyond. Based on the analysis, the state of development of professional legal assistance in Ukraine is determined. Real mechanisms of protection of the rights of citizens by rendering such help are investigated. Mechanisms for providing legal assistance to persons who do not have sufficient funds to obtain legal assistance from a lawyer working in the private sector are disclosed. The volumes of free legal aid, both primary and secondary, have been established. The article also deals with the other side of the lawsuit - the subjects of power, their mechanisms to protect their own interests and provide the latter with proper legal assistance as well. This category is also discussed in this article as a category such as self-representation in the administrative process by subjects of power. The powers of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights in the context of ensuring the protection of citizens' rights during an appeal to an administrative court have been studied. International legal acts have been established, which correspond to the current legislation of Ukraine in the field of providing citizens with appropriate professional legal assistance in the process of administrative proceedings. Conclusions are made on the state of development of legal aid in the administrative process in Ukraine as a whole. In addition, emphasis is placed on legal assistance in this type of legal service - as judicial control over the implementation of court decisions in favor of the plaintiff in administrative cases. Attention is drawn to the fact that administrative proceedings consist not only of consideration of the case in the administrative court, but also of the actual execution of the court decision.

Free Justice: A History of the Public Defender in Twentieth-Century America

Sara Mayeux's meticulously researched study of the origin and growth of public defenders in the United States has appeared at a propitious moment. As police behavior, unequal justice, and the carceral state roil local, state, and national politics, Mayeux shows why it is difficult to create equal justice under the law. Her education in both law and history reinforces her ability to elucidate the history of efforts to provide indigent criminal defendants with professional legal assistance. Defendants have always found it difficult to resist the power of the police, prosecution, and judiciary acting in unison. Without legal counsel it has been impossible. At the start of the twentieth century, the only indigent criminal defendants who obtained legal assistance were those charged with capital crimes, and, at best, they received the services of poorly compensated court-appointed attorneys or pro bono defenders from private law firms. Mayeux describes how Progressive Era legal...

Incorporating Sociolinguistic Perspectives in Australian Refugee Credibility Assessments: the Case of CRL18

Credibility assessments in asylum visa applications have attracted criticism across diverse research fields. This article builds on existing critical examinations by presenting a case study of a successful appeal in the Federal Court of Australia (FCA) which overturned a decision involving one such problematic credibility assessment. The article establishes that credibility assessments often rely on flawed language ideologies and reasoning that transform the asylum seeker into the sole participant responsible for the texts produced in institutional processes. As a contrast, it then explores the FCA decision, analysing the judge’s treatment of three different premises on which the lower-level rejection relied. It demonstrates how, when dealing with each of these premises, the judge’s approach aligns with sociolinguistic scholarship. The case study demonstrates the potential of sociolinguistic awareness to denaturalize the problematic ideologies underlying credibility assessments. However, the article equally acknowledges and discusses the systemic limitations on challenging credibility assessments, due to the narrow scope for judicial review, and the need for professional legal assistance to argue one’s case successfully. The article concludes that while credibility assessments serve to act as a powerful gatekeeping tool to support increasingly restrictive asylum policy, judicial receptiveness of sociolinguistic understandings of communication can sometimes provide an avenue for successful appeals. It thus provides a powerful example of the potential benefits of communicating sociolinguistic research to law students, legal practitioners and decision-makers.