The civil legal analysis of the contract on the provision of legal assistance according to the legislation of Ukraine

The advocacy of Ukraine is a non­governmental, self-governing institution that provides protection, representation and the other types of legal assistance on a professional basis, and independently resolves issues of the organization and activity of the advocacy in the manner established by the law. The advocacy of Ukraine consists of all advocates of Ukraine who have the right to practice law. According to the current legislation of Ukraine, advocatory activities are carried out on the basis of a contract on the provision of legal assistance. In this regard, the study of this type of contract and the clarification of its place in the system of regulators of social relations have become extremely important and are the urgent tasks in the domestic legal science. The contract on the provision of legal assistance is an unnamed type of contract at the level of the codified act. Because of this, the provisions of the Law of Ukraine «On Advocacy and Advocatory Activity» have been devoted to its legal regulation. The contract for the provision of legal assistance may also be concluded in favor of the client by another person acting in his interests. In such cases, the rules of the art. 636 of the Civil Code of Ukraine should be applied to it. In particular, the execution of such an agreement on the provision of legal assistance can be demanded both by the person who concluded the agreement and by the client for whose benefit it was concluded. Termination of the contract for the provision of legal assistance at the initiative of the client and/or the person who concluded the contract in the interests of the client is not recognized as an indicator of unsatisfactory work of the advocate (advocatory bureau or advocatory association). After all, the essence of advocacy should consist in providing professional legal assistance to clients to achieve justice in exclusively legal and morally justifiable ways. On the basis of the civil legal analysis of the contract on the provision of legal assistance, it is advisable to support conclusions about its consensual legal nature, belonging to the group of contracts on the provision of legal services, bilaterality, the possibility of being paid or unpaid, fiduciary and, under certain circumstances, aleatory.