АДВОКАТ ЯК ОСОБА, ЯКА ВІДПОВІДАЄ ПЕВНИМ КВАЛІФІКАЦІЙНИМ ВИМОГАМ

This publication attempts to comprehensively explore of the issue of analyzing certain conditions for acquiring the right to practice advocacy in Ukraine. It"s proved that the current legislation contains provisions that are not completely writing, which in turn does not contribute to the effective functioning of an independent and strong advocacy, as an institution that promotes the protection of rights and legal interests. Thus, one of the documents to be submitted by the applicant with the application for admittance to the qualification exam and the consent for the processing of personal data is a state-issued document confirming that he has complete higher law education, but the current Law of Ukraine «On Higher Education» does not contain a link to such a document. The author is drawn attention to the fact that item 2, 3 of part. 6 of the Law of Ukraine «On Advocacy and Advocacy» limits the rights of the applicant to the admission to the qualification exam. The amendments to the current legislation are suggested, which provide an opportunity to avoid the misunderstandings that exist to date, when establishing the conditions for acquiring the right to practice advocacy.