Place of the Bar in the State and Society

Place of the Bar in the State and Society

In civilized democratic states, the legal profession is an inalienable factor of the legal system and the main non-state institution for the protection of the individual, her rights and freedoms. Practically all international acts on human rights, starting from the “Universal Declaration” and ending with “Basic provisions on the role of advocates” (adopted by the VIII United Nations Congress on the Prevention of Crimes in August 1990), one of the most important rights of every person is recognized the right to receive a professional legal assistance. One of the indicators of the level of democracy and respect for human rights in Ukraine is the existence of an independent legal profession and the effective performance of the functions assigned to it.

The Constitution of Ukraine, in Article 59, proclaimed the most important social function of the Bar: ensuring the right to defence against charges and providing legal assistance in resolving cases in courts and other state bodies.

The role of a single independent professional human rights institution that is designed to protect the rights and freedoms, represent the legal interests of individuals in state power structures on the principles of the rule of law, independence, democracy, humanism and confidentiality enshrined in the Law of Ukraine on Advocacy is implemented by the Bar in a complex system of legal relations.

The development of the rule of law is impossible without the proper functioning of legal institutions whose activities are to protect human rights and freedoms. The level of democratization of the bar, the scope of the professional rights of lawyers and their duties, the degree of independence, guarantees for the implementation of the profession of lawyers, the provision of legal assistance by citizens, professionalism and accessibility testify to the democracy of the state and respect for its human rights.

The democratic principles of building an advocacy, independent, freedom-loving nature of its nature have created this institution a reputation of a reliable guarantor of ensuring human rights and freedoms. One of the conditions for participation in the formation of a civil legal society in European structures is the construction of an advocacy system that would respond to new socio-political and economic realities, as well as the creation of legislation whose norms would correspond to the model of a democratic legal institution of the Bar.

Tags: Advocacy, Law