THE BASIC IDEAS OF THE ACTIVITY OF THE BAR OF UKRAINE IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article examines the effect of the fundamental ideas laid down in the basis of the activity of the bar. It has been established that in the conditions of martial law introduced in Ukraine, they are being tested for their ability to provide lawyers with reliable guarantees of unhindered and high-quality provision of legal services. Sometimes the legal mechanisms for the practical implementation of the basic ideas of the organization and activities of the bar change or even nullify the provisions declared in the Constitution and laws of Ukraine. The fundamental ideas of the rule of law, legality, independence, confidentiality, avoidance of conflict of interests are recognized as the main components of the independent professional activity of a lawyer. The legal implementation of the fundamental ideas laid down in the foundation of the institution of advocacy emphasizes the importance of each of them, the focus on the realization of human rights and freedoms. Advocacy as an important element of the legal system of Ukraine, represents the interests of the entire society, enters into legal relations with representatives of the state and, at the same time, is intended to oppose the arbitrariness of the state in order to protect the rights and freedoms of man and citizen. The fundamental ideas of the rule of law and legality are presented in such a way that at the same time they complement each other and act as the content and form of embodiment of other leading legal ideas. It is emphasized that during martial law, the lawyer's public legal interests prevail over private legal interests in the event of his mobilization. The issue of disciplinary liability of lawyers who did not stop practicing law in connection with the mobilization has been partially resolved. The basic idea of the independence of the legal profession is being tested, which requires the definition of an exhaustive list of grounds and persons who have the right to initiate the issue of disciplinary responsibility of lawyers who did not stop legal practice in connection with the mobilization. The fundamental ideas of advocacy during the protection of violated civil rights of a person in criminal proceedings during the seizure of property are tested for devotion to democratic values. Confidentiality and avoidance of conflict of interests in the conditions of martial law appear as defining fundamental ideas for ensuring the legal rights and interests of persons who trust a lawyer with information about themselves, which is the subject of attorney secrecy.