Issue: № 2, 2023
Doi: https://doi.org/10.37634/efp.2023.2.2
A deep understanding of the modern institution of advocacy, as well as the search for effective ways to solve its problems, is impossible without addressing issues of the history of the development of the defense function. The purpose of the paper is a historical and comparative analysis of the organizational design and development of the Institute of Advocacy in the Ukrainian territories in the Middle Ages and under the empires. We highlighted and researched two global periods of formation and development of the legal profession in Ukrainian territories: the Middle Ages and the imperial period. The first - the period of existence of ancient statehood on Ukrainian territories - is characterized by the absence of professional protection in the process. Certain features of protection can be traced in the actions that were inherent in "listening". The second is the imperial period. The state entities, which included the modern Ukrainian territories, developed their own approaches in the direction of introducing the function of protection into the process and developing the status of persons who, on a professional basis, performed the defense of the accused. Thus, in the Grand Duchy of Lithuania, the function of protection was entrusted to the deputy and procurator. With the development of legislation, the former acts as an authorized person of the defendant, and the latter as her professional representative. Prosecutors' offices in form and especially in terms of activity were lawyers, in their modern understanding, who were entrusted with the function of defending defendants. In various editions of the Statutes of the Grand Duchy of Lithuania: the range of cases that could be under the jurisdiction of prosecutors is fixed and expanded; activities of private and public defenders, etc. are organized. After the unification of the Kingdom of Poland and the Grand Duchy of Lithuania, the existing institution of defenders also operated on the territory of the Polish-Lithuanian Commonwealth. In the Archduchy of Austria, and later in the Austro-Hungarian Empire, lawyers had the right to speak in court. Throughout the existence of these states, special attention was paid to the quality of the legal profession, issues related to organizational and professional requirements for applicants who wanted to become lawyers were clearly regulated. In the Russian Empire, the institute of sworn attorneys (lawyers) was introduced into the court system during the judicial reform of 1864, which introduced professional corporate advocacy. Before the reform, the status of attorneys was equated to the status of hired servants, their participation in the process was insignificant, which was explained by objective reasons - the dominance of the investigative form of the court process.
Keywords : Institute of Advocacy, lawyer, defender, procurator, attorney, Grand Duchy of Lithuania, Archduchy of Austria, Russian Empire
References:
1. Habrelian A.Y. Administrative and legal support of state policy in combating prostitution: diss. … PhD. Kyiv, 2021. 247 p. (in Ukrainian).
2. Habrelian A.Y. Feasibility of legalizing prostitution in Ukraine: arguments «for». Modern issues of economics and law. 2018. Issue 2(8). рр. 135-143. (in Ukrainian).
3. Gruditsin L.Y. The Russian Bar Association is 140 years old: a historical retrospective. Lawyer. 2004. No. 10, 11. URL: https://base.garant.ru/4014972/#block_200 (in Russian).
4. Second Statute of the Grand Duchy of Lithuania in 1566. URL: http://litopys.org.ua/statut2/st1566.htm (in Ukrainian).
5. Kondratev M.E. The evolution of the institution of advocacy in the Belarusian lands in the XVI-XIX centuries. State and law in the context of globalization: materials of the international. scientific conferences of students, undergraduates and graduate students (Minsk, November 1-2, 2019). Minsk, 2020. рр. 57-58. (in Russian).
6. Kulchytskyi V., Nastiuk M., Tyshchyk B. History of the state and law of Ukraine. Lviv, 1996. 289 p. (in Ukrainian).
7. Moroz S.S., Habrelian A.Y. Actual problems of formation of the institution of private performers in Ukraine. Trajectory of science. 2016. No. 7 (12). pp. 11-19. (in Russian).
8. Nykyforak M.V. State system and law in Bukovyna in 1774-1918. Chernivtsi, 2000. 279 p. (in Ukrainian).
9. Complete Collection of Laws of the Russian Empire. Second collection: from 1825 to 1881: in 55 vol. Saint Petersburg, 1867. Vol. 39 (second department): 1864. 573 p. (in Russian).
10. Complete Collection of Laws of the Russian Empire. Second collection: from 1825 to 1881: in 55 vol. Saint Petersburg, 1867. Vol. 49 (first department): 1874. 948 p. (in Russian).
11. The rights by which the Little Russian people are judged. Wikipedia. URL: https://uk.wikipedia.org/wiki (in Ukrainian).
12. The rights by which the Little Russian people are judged, 1743 / ed. Y.S. Shemshuchenko. Kyiv, 1997. 547 p. (in Ukrainian).
13. Statute of the Grand Duchy of Lithuania in 1529. URL: http://vostlit.narod.ru/Texts/Dokumenty/Litva/XVI/1520-40/Statut1529/text6.htm (in Ukrainian).
14. The Third Statute of the Grand Duchy of Lithuania in 1588. URL: http://starbel.by/statut/statut1588.htm (in Ukrainian).
15. Reader on the history of the state and law of the USSR. Pre-October period / ed. Y.P. Titov, O.I. Chistyakov. Moscow, 1990. 480 p. (in Russian).
16. Chaika R.A. Participation of the defender in the pre-trial investigation: diss. … PhD in legal sciences. Kharkiv, 2008. 196 p. (in Ukrainian).
17. Chorniy I.N. Advocacy as an institution for the protection of the rights and freedoms of the individual: historical and legal research: diss. … PhD in legal sciences. Saint Petersburg, 2011. 210 p. (in Russian).