
Documentary confirmation of the legal status of a lawyer as a necessary condition for realization the right to request
Author(s) -
Віктор Вікторович Заборовський,
Василь Васильович Манзюк
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.64.61
Subject(s) - legislator , secrecy , law , legislature , position (finance) , order (exchange) , realization (probability) , political science , computer science , sociology , legislation , business , mathematics , statistics , finance
This research is devoted to the disclosure of problematic issues related to the practical implementation of one of the basic professional rights of a lawyer, which is an integral attribute of all advocacy, namely the right to request a lawyer.In the framework of this article a theoretical and applied study of different approaches of scientists, as well as the position of the legislator on the need for documentary proof of his status in order to exercise his legal right to request, as well as analyzes the requirements for the form and content of lawyers’ inquiries and possible ways. sending. The position is argued, according to which it is expedient to enshrine at the legislative level a provision according to which it is not necessary to confirm the request with documents certifying the lawyer’s authority, taking into account the need to comply with the requirement of legal secrecy. which does not depend on the acquisition of the status of a defense counsel or a representative lawyer.To achieve this goal, the authors used methods specific to legal science. The study was conducted using a dia-lectical method of cognition of legal reality, which provided an opportunity to analyze the essence of the right of a lawyer to request, while the use of system-structural method provided an opportunity to determine the general structure of work, which contributed to the proper disclosure of practical obstacles. rights.Based on the study, the authors conclude that the lawyer’s request should contain data confirming the connec-tion of the requested documents (information) or their copies with the provision of legal assistance, and the lawyer should not forget that for abuse of this right can be applied disciplinary liability.