Procedural Rights Of A Lawyer In Constitutional Proceedings: Theory And Practice

Abstract

The article investigates the legal nature, legal status, rights and duties of a lawyer in the constitutional proceeding. The author notes that it is expedient to make appropriate changes to the national legislation on the CCU in order to predict who can be a representative in constitutional proceedings in Ukraine, to determine the catalog of qualification requirements for the specified participant of this proceeding, especially its legal status, the list of rights and obligations, representations in the constitutional proceeding, as well as other related issues related to the participation of such a representative.

In the constitutional proceeding, first of all, it is necessary to draw attention to Article 20 of the Law on the Bar, which defines the professional rights of a lawyer. Thus, while exercising lawyer's activity, the lawyer has the right to take any actions not prohibited by law, the rules of lawyer's ethics and the contract on the provision of legal assistance necessary for the proper performance of the contract on the provision of legal assistance.

Summing up, the author believes that the lawyer should be granted the right to a constitutional petition, appeal or complaint. the mentioned legislative innovation will help the CCU, as it will simplify the constitutional justice as a result of giving the lawyer the said right, and also will positively influence the improvement of the practice of implementing the whole system of legislation in general and «bringing it» in line with modern standards of development of law and society directly.