Ukrainian Advocacy in War Conditions: National and Foreign Context

Abstract

The article explored the issues of the functioning of the advocacy during the russian-­ukrainian war. The main challenges that were put before ukrainian advocates within the country and abroad were analyzed. Ways of solving the difficulties associated with the war were identified. The purpose of the article is to analyze the problems and trends in the development of the ukrainian аdvocacy during a full-scale war, formulate recommendations and proposals for improving the stability of its functioning in a crisis. The paper drew attention to the fact that during the war the needs of clients and lawyers changed, in particular, security needs and physiological needs became priority, the number of clients decreased, so a significant part of the lawyer profession was on the verge of survival. A generalization of the practice of the functioning of the legal profession during a full-scale war allowed the author to define out the following general stages of its development: 1) shock; 2) survival; 3) restoration and gradual performance to pre-war indicators, expansion of potential. The article formulated practical recommendations for ensuring effective advocate’s activity, as well as maintaining the stability of the advocacy system during the war. The necessity of normative regulation of the obligation of the bodies of the advocate’s self-government to evacuate the relevant materials of office work was argued in the event of a declaration of a state of war or the introduction of martial law, the presence of a threat of military seizure of the community in which such a body is located. It was concluded that in the conditions of a full-scale war, the ukrainian advocacy experienced severe trials, which differed in geographical, chronological and sectoral aspects, while at the same time, the professional community demonstrated the existence of a sufficient resource of strength and institutional stability, for the further strengthening of which the need to amend the Law of Ukraine «On the advocacy and advocate’s activity» was justified.