lawyer

On revocation of the lawyer’s monopoly through introducing the professional institution of legal advisers

Author: Dmytro Riabov
Institution: Vasyl Stus Donetsk National University
ORCID: https://orcid.org/0000-0003-3864-4859
Year of publication: 2021
Source: Show
Pages: 155-166
DOI Address: https://doi.org/10.15804/rop2021309
PDF: rop/17/rop1709.pdf

The article studies the legal nature of the introduction of the lawyer’s monopoly in Ukraine. The author notes the introduction of the lawyer’s monopoly in Ukraine had to take four steps. However, at the last stage of the introduction of the lawyer’s monopoly, the legislator amended the procedural codes regulating the course of civil, commercial, and administrative proceedings. With these changes, the legislator expanded the concept “self-representation” by substituting the concept of “representation”. In addition, the legislator brought in a draftto revoke the lawyer’s monopoly which was approved by the Constitutional Court of Ukraine. The scientist states that the relevant strategy of abolishing the lawyer’s monopoly is not a positive phenomenon. The introduction of court representation of citizens, business entities, state bodies, central and local authorities by a professional institute of advocacy is an upside in reforming the Ukrainian legal system. However, according to the author, the profession of a lawyer is primarily aimed at providing defense in criminal proceedings or when bringing to administrative responsibility or considering a case of an administrative offense. At the same time, the scientist marks that the reversion to the previous wording of Article 131-2 of the Constitution of Ukraine is inadmissible since the provision of legal services in Ukraine should be carried out professionally. After analyzing the legislation of the Republic of Poland, the author has concluded that lawyers and legal advisers, who carry out practical legal activities on a professional basis and permits, provide the public with legal aid. However, the only difference between a lawyer and a legal adviser in the Republic of Poland is that the latter cannot provide legal assistance in criminal proceedings, unlike a lawyer. Therefore, to create a professional and competitive market of legal services in Ukraine, the researcher proposes to borrow the experience of the Republic of Poland and introduce a professional institute of legal advisers in Ukraine, as this profession is legally identified in Ukraine.

Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)

Author: Віталій Марюхно [Vitaliy Maryukhno]
Institution: Yaroslav Mudryi National Law University
ORCID: https://orcid.org/0000-0002-3240-6377
Year of publication: 2022
Source: Show
Pages: 76-85
DOI Address: https://doi.org/10.15804/CPLS.20222.08
PDF: cpls/2/cpls208.pdf

Guarantees of Compliance with Professional Ethics by Judge, Prosecutor and Barrister (on the Example of Ukraine)

The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.

Штучний інтелект в процесі прийняття та реалізації управлінських рішень в сфері юридичного менеджменту

Author: Олена Охотнікова
Institution: Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University
ORCID: https://orcid.org/0000-0003-2927-3363
Author: Вікторія Дорош
Institution: Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University
ORCID: https://orcid.org/0000-0002-2319-9732
Year of publication: 2022
Source: Show
Pages: 78-93
DOI Address: https://doi.org/10.15804/ksm20220405
PDF: ksm/36/ksm3605.pdf

Artificial Intelligence in the Process of Making and Implementing Management Decisions in the Field of Legal Management

The scientific article, based on the works of domestic scientists, researchers and modern legislation, highlights current issues of the introduction of artificial intelligence in the process of making and implementing management decisions. The authors emphasize the existence of different views of scholars on the definition of the concept of legal management, its relationship with the concept of law practice management. The vision of various scholars to define the concept of managerial decision-making is also analyzed. Find out why this component of the above area is so important and significant. In addition, the authors of the study explain what are the technologies of artificial intelligence and how widely they are used in leading countries. The most famous examples of the use of such intelligent systems in decision making are identified. The experience of foreign countries on the use of artificial intelligence in the process of legal activity is analyzed. Find out what specific tools are used to provide effective legal assistance to clients in these countries. The authors also study the existence of such tools for legal activity in Ukraine. The scientific article also provides a thorough analysis of Ukrainian legislation. The normative legal acts regulating the introduction of artificial intelligence in various spheres of the economy, in particular, in legal management, are analyzed. The authors of the article also propose a specific addition to the Civil Code of Ukraine, which would help to effectively implement artificial intelligence. Another new piece of legislation to regulate this issue was also presented. This explains the advantages of law firms that use modern technology over those that do not. Based on this, the authors also describe their model of introducing artificial intelligence in the field of legal management. Thus, the article emphasizes the importance of introducing the described changes to the legislation and the model proposed by them.

Rzecznicy patentowi – pozycja w systemie ochrony prawa autorskiego pierwszych lat Polski Ludowej

Author: Artur Ogurek
Institution: Uniwersytet Wrocławski
Year of publication: 2017
Source: Show
Pages: 158-176
DOI Address: https://doi.org/10.15804/tpn2017.1.09
PDF: tpn/12/TPN2017109.pdf

Say the protection patent it reaches one’s the beginnings of modern epoch, but she unrolled really in XIX age. Rank about special meaning this field of right testifies, what broadcast her in interwar period. It in the postwar Poland, despite change of political system and legal, the controls were born was from before II world war initially. The tests of facilitation of access to this did not lead the responsible profession the men of meringues of proper qualifications. The tests of centralization finished with failure also and say patent remaining spokesmen one of foundations of protection.

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