ON CERTAIN PROBLEM ISSUES OF THE ADVOCATE MONOPOLY

Abstract

The article is devoted to the study of certain issues of the attorney monopoly phenomenon. Conclusions were made that after the addition of the Constitution of Ukraine, Art. 1312, which stipulates that only a lawyer represents another person in court, as well as defense against criminal charges, except for certain exceptions regarding the representation in court of minors or minors and persons recognized by the court as incompetent or whose legal capacity is limited, a situation has arisen, which can be characterized as a lawyer's monopoly. In the state of attorney's monopoly, the opportunities of citizens to freely choose a defense attorney in criminal proceedings, a representative in court only from the number of attorneys are reduced and limited due to the availability of payment for attorneys' services. The right to defense in criminal proceedings, representation in court, in addition to lawyers, must be provided to other legal specialists who are legally entitled to professional legal assistance, so that citizens have the opportunity to choose among several categories of lawyers. Accordingly, the existing problem of citizens' access to justice in connection with the amount of remuneration of lawyers must be solved by eliminating the problem of monopolization of the legal profession and providing the opportunity to attract other specialists in the field of law to perform the functions of protection and representation.