THE HISTORY OF THE ADVOCATE OFFICE OF UKRAINE UNTIL THE 20TH CENTURY
DOI:
https://doi.org/10.32999/ksu2307-8049/2023-3-1Keywords:
advocacy, judicial representation, judicial reform, judicial protectionAbstract
The purpose of this article is to study individual historical stages of the development of the legal professionin Ukraine. In order to achieve the declared goal and obtain the appropriate results, the following combinationof methods was used: methods of formal logic, the method of historical retrospective, and the formal-legalmethod. The results of such activity are: the peculiarities of the development of the institution of judicialrepresentation during the times of Kyiv an Rus’ were characterized, as prerequisites for the formation of the barin Ukrainian lands in the future; the peculiarities of judicial representation during the Polish-Lithuanian era and the Russian Empire were analyzed; systematized the specific features of the advocacy of these periods.Conclusions. The study of the history of advocacy in Ukraine requires a conceptual approach to the studyof the chronological stages of the formation of advocacy, the terminology of the relevant field, the influenceof famous lawyers on the development of advocacy, their activities abroad within the Ukrainian diaspora.In the course of research and as a result of using a methodological approach to the study of the peculiaritiesof the development of advocacy in Ukraine during the time of Kyivan Rus, the Polish-Lithuanian eraand the period of the Russian Empire, we managed to systematize the specific features of advocacy (courtrepresentation) in certain historical stages, which were characterized by the following: gradually increasedthe number of legal acts that regulated the activities of court representatives (lawyers); there was a gradualdeparture from customary law; the name of the court representative, the scope of his powers and responsibilitieshad their own specific features at each analyzed stage; local customs were taken into account in the decisionof court cases, for the purpose of which judicial representatives who lived in the relevant area were involved;such important principles of the functioning of the legal profession as the principle of openness and competitionof the judicial process, the presumption of innocence, free protection of low-income sections of the population,etc. were established; self-organization of the bar and its separation from the system of state bodies took place;ethnic Ukrainian lawyers made a significant contribution to the development of the legal profession at everyhistorical stage.