Independence and self-dependence of the Ukrainian lawyer in the aspect of determining the absoluteness or relativity of their legal nature

Abstract

Fixing in Article 59 of the Constitution of Ukraine the right of every person to legal assistance, the state assigns such as а duty to the bar, narnely а lawyer who must ensure the proper exercise of this right оп а professional basis. The relevance ofthe topic is that the implementation ofthis inalienaЫe human right is impossiЫe without the provision of proper conditions for the implementation of advocacy, the main of which are the independence and independence of the lawyer. Тhis state of affairs is due to the fact that the provision of legal assistance at the proper level is impossiЫe if there is any influence оп the professional activities ofthe lawyer and the lack of opportunity freely and at its discretion, including to determine the means and methods of providing such assistance to its client. Тhе relevance of the topic of research depends also оп the fact, that arnong scholars there is по common point of view regarding the perception of the categories "independence of а lawyer" and "self-dependence of а lawyer" as absolute or relative. The proЫem of determining the essence of independence and self­dependence of the lawyer, particular in terms of clarifying the absoluteness or relativity of their legal nature, was the subject of research Ьу а number of scholars. Among scientists who have studied certain aspects of this proЫem, it is worth to mention the works of А. Boikov, Т. Vylchyk, S. Kalyniuk, К. Koval, Р. Korotkov, М. Kosariev, V. Nor, М. Pohoretskyi, W. Teiler, Trunov, D. Fiolevskyi, N. Shulhach, А. Yanovska and others. The purpose of this article is to reveal the nature of the independence and self-dependence of the lawyer through the prism of clarifying the absoluteness or relativity of its legal nature. The main tasks of the author are: to analyze both the normative consolidation and the positions of scientists, which reflect the essence of independence and self-dependence of advocacy; to reveal the etymological origin of the words "independence" and "self-dependence"; to make а distinction between such properties of the legal status of а lawyer; and оп the basis of the conducted research to clarify the absoluteness or relativity of the categories "independence of the lawyer" and "self-dependence ofthe lawyer".