Advocacy as a Human Rights Institute in the Mechanism of Legal Proceedings

Abstract

Advocacy plays an important role in the relationship between the society and the state – it is designed to interact between them for fair justice goals achievement. Independent judiciary can only be created when there is truly independent advocacy. Along with judges and prosecutors, advocates are the basis on which the principle of law supremacy and protection of human rights is based. In the scope of the judicial proceedings the advocacy should perform an important function of a social control. Particularly in the court independent participation of the advocate is provided by the advocacy not only as a corporation, but also as a human rights institution, designed to resist violations of the law by the authorities. In the legislation of Ukraine, including at the constitutional level, the advocacy must be defined as an independent self-governing human rights Institute, which the state vests an important function of protecting the rights and legitimate interests of the human.