Advocacy in the system of entities preventing crime in economic activity

Issue: № 4, 2025

Doi: https://doi.org/10.37634/efp.2025.4.11

The paper investigates the role of advocacy within the system of entities preventing crime in economic activity, analyzes its preventive role, including types of activities aimed at preventing crimes, and substantiates the need to develop a unified strategy for the participation of non-state entities in countering crime. The crime prevention system encompasses a range of state and non-state entities united by the common goal of countering offenses through coordinated efforts. It includes legislative, executive, and judicial bodies, state and economic management institutions, educational and training entities, labor collectives, public organizations, security structures, families, and individual citizens. This system is divided into two subsystems: state entities, regulated by law, and non-state entities, with less defined legal status, such as public organizations, religious groups, and media. The bar's position within this framework is debated due to its unique status. Per Ukraine’s Law “On the Bar and Legal Practice” (No. 5076-VI, 05.07.2012), the bar is a non-state, self-governing institution ensuring professional defense, representation, and legal aid, independent of state or local authorities. Its autonomy underscores its role as a civil society actor promoting citizens’ rights beyond state influence. A.M. Podoliaka highlights the bar as a unique legal entity, fulfilling a public function while remaining independent from the state. This independence is vital for trust in rights protection. Lacking governmental authority, the bar influences legal processes through intellect and expertise, safeguarding both private and public interests by upholding legality and preventing rights violations. Its social mission centers on human rights defense, critical for its effectiveness. The bar’s crime prevention activities split into extrajudicial (consultations, legal support, document drafting) and judicial (representation in civil, administrative, economic, and criminal cases). Advocates identify crime determinants, protect clients from state overreach, and mitigate risks, bolstered by legal guarantees like non-interference and protection of advocates’ safety. The bar plays a key role in preventing economic crimes like fraud and money laundering. As an independent, self-governing entity, it detects crime factors, advises businesses, and enhances prevention. However, unclear regulations and limited coordination hinder its potential, requiring a unified strategy and legal clarity.

Keywords : advocacy, crime prevention, legal protection, financial monitoring

References:

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