THE ROLE OF A LAWYER IN PROVIDING ADMINISTRATIVE PROTECTION OF PROPERTY RIGHTS

Abstract

Introduction. Introduction. In the context of globalization of the domestic legal field and deepening international cooperation, there is an urgent need to rethink the functionality of human rights institutions. The institute of the bar performs a guarantee function for a wide range of human rights. Currently, the level of institutional organization of the bar, its real independence and ability to ensure effective administrative and legal protection of the property rights of individuals and legal entities is a kind of marker of the maturity of democracy. The social weight of this institute is determined by the competence of the lawyer to protect the client not only in private disputes, but also from undue pressure from public administration bodies. The lawyer in this paradigm acts as a key subject of counteraction to illegal actions of officials. Purpose. The purpose of the article is to study a comprehensive analysis of the formation and development of the institute of the bar in Ukraine as an instrument for protecting property rights in the system of public legal relations, as well as to provide proposals for further improvement of advocacy as an important institute for protecting the individual in a legal state. Materials and methods. The materials of the study are the definition of the bar as an institution of civil society that implements the right to professional legal assistance in the field of ensuring administrative and legal protection of property rights. The following scientific methods were used in the research process: historical and legal (allowed us to trace the genesis of the formation of the institute of the bar and the evolution of the state’s approaches to the protection of property rights); comparative and legal (allowed us to compare the domestic model of the bar in different periods of the development of the domestic legal system); formal and legal (became the main tool for analyzing the content of the Constitution of Ukraine, the Code of Administrative Procedure of Ukraine, the Law of Ukraine “On the Bar and Advocacy”, other acts and allowed us to clarify the legal nature of the powers of a lawyer). Results. It has been established that the genesis of the institute of the bar is a complex process that has become an integral part of modern state-building. Currently, a mechanism for administrative and legal protection of citizens’ property rights has been formed. The role of the lawyer in the process of defending the interests of individuals and legal entities is determined. It is established that the institute of the bar, to a certain extent, provides the function of public control over the legitimacy of the actions of public administration bodies. In this context, the lawyer becomes a key figure in the system of checks and balances, acting as a guarantor of the rule of law. It is thanks to the active position of the bar that the necessary balance and parity between a private individual and public administration entities is created, which is critically important for the existence of society in a democratic state. The features of the implementation of electronic justice (in particular, ESITS) and the use of modern communication channels in the judicial consideration of issues in the administrative court on the protection of the property rights of individuals and legal entities are studied. The directions of the lawyer’s activity are outlined in order to ensure equality of the parties in the process and prevent the dominance of public administration entities over private interests. Discussion. The key vector of research is the possibility of implementing European standards into the domestic legal system of administrative and legal protection of property rights in order to counteract the administrative levers of influence of public administration in order to guarantee the legality and inviolability of the property of individuals and legal entities.