Open AccessADMINISTRATIVE PROCEDURAL LEGAL PERSONALITY OF A LAWYER: THEORETICAL AND LEGAL ANALYSIS
Author(s) -
Oksan Bayik,
Olesya Maksymkiv,
Liliya Martynyk,
Ivanna-Mariya Matkivska
Publication year - 2020
Publication title -
molodij včenij
Language(s) - English
Resource type - Journals
eISSN - 2313-2167
pISSN - 2304-5809
DOI - 10.32839/2304-5809/2020-10-86-70
Subject(s) - legislator , procedural justice , procedural law , law , due process , political science , psychology , international law , legislation , municipal law , perception , neuroscience
The article analyzes the theoretical and legal provisions on the administrative procedural legal personality of a lawyer in Ukraine. It was found that his procedural legal personality can be divided into: ‒ general, which is available to a lawyer at all stages of the process; ‒ special, which is characteristic only for a specific stage of the process. It is pointed out that the administrative procedural legal personality of a lawyer is based on the norms of Art. 43 Code of Administrative Procedure of Ukraine and consists in the ability of a lawyer: 1) to have procedural rights and responsibilities in the administrative process (administrative procedural capacity); 2) personally exercise their administrative procedural rights and responsibilities during the lawyer’s representation of a person in the administrative process (administrative procedural capacity). It is noted that in Art. 45 Code of Administrative Procedure of Ukraine, enshrined a provision on the inadmissibility of abuse of procedural rights, which a lawyer as a procedural representative must take into account when representing a person in administrative proceedings. It is noted that there is a division of procedural rights of a lawyer into general and special. It is emphasized that in addition to the rights of a lawyer as a procedural representative, he is also endowed with both professional duties and responsibilities defined in Art. 47 Code of Administrative Procedure of Ukraine. It is noted that in addition to imposing duties on a lawyer, the legislator provides grounds for bringing him to justice (administrative procedural tort). A lawyer as a procedural representative has disciplinary responsibility. At the same time, the lawyer must remember that he ensures the protection of personal data about an individual, which he possesses, in accordance with the legislation on personal data protection. The author’s conclusion is made that the administrative procedural legal personality of a lawyer as a representative of a person is a complex category, which consists of his administrative procedural legal capacity, administrative procedural capacity and administrative procedural tort.