Адвокатура та судова влада: форми і принципи взаємодії

Abstract

The article investigates the problems of a place and a role of the Bar at the present stage of building a civil society in Ukraine. The author proves that representation of the citizens’ interests by an advocate in constitutional, criminal, administrative and civil proceedings aimed not only at the interests of a private person, but at guaranteeing the principle of generality of a judicial process, the attainment of truth, protection of the citizens’ rights and thus at creating the democratic legal state, proclaimed by the Constitution of Ukraine, that is fundamental both for the society and the state. The essence of the Bar is that at the same time it is an integral part of the judicial system, the Institute of the state. As it is impossible to build a legal state without highly qualified and independent advocacy, also independent justice is possible only under the condition, that the function of justice will be kept by the implementation of the constitutional right of each person to freely choose a defender of their rights. Dual position of the Bar in the structure of social relations due to the nature of the functions assigned to it by the society and the state, allows it to bind together the society interests in the state court system, to establish equilibrium between them. Therefore it is necessary to improve the system of interaction and cooperation between the state and the legal profession in general and one of the elements of the system of such interaction is the relationship between the legal profession and the judiciary. One of the possible ways of enhancing the Bar and the state is recognition for the advocacy the priority to vacant judicial positions (by the example of the UK).