To the question of the definition of «lawyer» Cover Image

До питання про дефініцію поняття «адвокат»
To the question of the definition of «lawyer»

Author(s): Viktor Zaborovskyi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: lawyer; lawyer activity; lawyer’s status; definition of the concept of «lawyer»; the functionality of a lawyer; адвокат; адвокатська діяльність; статус адвоката; дефініція поняття «адвокат»;

Summary/Abstract: The article is devoted to the problem with the definition of the concept of «lawyer». The aim is to identify the most complete understanding of the definition of the concept of «lawyer», which will continue to contribute to the proper study of the features status of the lawyer. The author used the formal-legal method on the basis of systematic and integrated its holding. The article makes a critical analysis of both scientific and legislatively fixed (including the European Union) approaches to the definition of «lawyer». The conclusion is that the most common in the legal literature is a point of view that the disclosure of the definition of the concept of «lawyer» is done by the disclosure of professional (functional) the appointment of such a person for protection, representation, or in general - to provide legal assistance to other parties. Specify on the feasibility of using a dual legal basis for the formation of the definition of the concept of «lawyer», according to which it consists of two parts, namely, the status and the functional side. The article questioned the feasibility of the existence of this definition, the fixed provisions of the legislation on the legal profession, and offers the author’s definition of the term «lawyer» - a natural person who, in the manner prescribed by law has received status of the lawyer, and the right, in accordance with this status, to carry out lawyer for the protection, representation and provision of other types of legal assistance to the client.

  • Issue Year: 2016
  • Issue No: 132
  • Page Range: 75-82
  • Page Count: 8
  • Language: Ukrainian