
Principles of a lawyer's activity as a participant in administrative proceedings
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-1-151-158
Subject(s) - legislature , honesty , statutory law , political science , subject (documents) , law , administrative law , consolidation (business) , sociology , library science , computer science , business , accounting
The principles of the lawyer's activity as a subject of administrative proceedings have been considered, their content has been determined, and their classification has been carried out with such criteria as: according to the source of the legislative definition; on the subject of regulation; in the field of their distribution. The study was conducted using such methods as analysis, synthesis, comparison. It has been concluded that the principles of advocacy should be understood as the basic principles, ideas, provisions, are the basis (basis) for the formation, organization and functioning of the institute of advocacy and the lawyer as a separate participant in administrative proceedings. The author has discussed problems of legal definition and consolidation of the list of principles of activity of the lawyer in administrative proceedings. Under the concept of "principles of advocacy" the author has proposed to understand the basic principles, ideas, provisions that are the basis (basis) for the formation, organization and functioning of the institute of advocacy and the lawyer as a separate participant in administrative proceedings. Based on the analyzed legal framework of Ukraine on advocacy in administrative proceedings, he has found that the list of principles that should guide a lawyer is quite wide. However, he believes that, in addition to the statutory and defined princes of advocacy, there are other principles that are legally necessary for the implementation of lawyer’s activities in administrative proceedings. These include: the principle of equality of all participants in administrative proceedings, the principle of honesty and reasonableness, the principle of inviolability of legal ethics, the principle of fairness.