The course chosen by Ukraine towards European integration is a complex and multidimensional process that requires the transformation of various sectors of public administration and the national legal system. One of the important elements of this transformation is the adaptation of Ukraine’s advocacy profession to the standards of the European Union. The institution of Ukrainian advocacy, as a guarantor of the protection of human rights and freedoms, must not only formally comply with European standards but also carry out its activities in accordance with international legal principles. This article examines the current state of advocacy in Ukraine and analyzes its legal framework, particularly the Law of Ukraine “On Advocacy and Advocacy Activity,” in comparison with international acts such as the Basic Principles on the Role of Lawyers, the Code of Conduct of the European Community’s advocacy, and the EU Charter of Fundamental Rights. Special attention is given to the study of the fundamental principles of advocacy activity, such as the rule of law, legality, independence, confidentiality, and avoidance of conflicts of interest. In the course of the study, a comparative analysis of the advocacy models of Ukraine and the Federal Republic of Germany, as an example of an EU member state, was conducted, which allowed identifying structural and functional differences. Although Ukrainian legislation formally contains the fundamental principles of advocacy, their practical implementation remains problematic. Among the main challenges complicating the compliance of Ukrainian advocacy with European standards are cases of pressure on lawyers by law enforcement agencies, breaches of attorney-client privilege, manifestations of corruption, restrictions on professional guarantees, and shortcomings of the system of free legal aid. Based on the conducted research, the authors propose ways to harmonize the national advocacy system with the legal space of the EU: strengthening lawyer self-governance, improving the quality of legal education, developing international cooperation, and enhancing mechanisms to ensure the independence and protection of lawyers’ rights.
Kobzeva et al. (Sun,) studied this question.