History of the Bar
In order to justify certain positions, as in the legal profession or the profession and, in particular, about the secrets of the Institute of lawyers, turn to the history of law, the history of the legal profession, seeing them through the prism of the formation of fundamental rights and freedoms of man and citizen.
In specific circumstances formed Institute of Human Rights and Freedoms in Kievan Rus had not yet been institutionalized and legislative consolidation of the legal profession as a legal institution.
Institute of protection and the written law is evolving in Kievan Rus in the specific historical context of communal dormitories, ie protection, prosecution, punishment became functions of the community. The court, as a social institution, came later. 8 this approach, legal representation is not constituted, as a function of Representatives are determined at a certain level of the legal life, ie law. The role of the defenders, for example, carried out by relatives and friends of the parties, \u0026quot;obedience\u0026quot; and \u0026quot;Vidocq.\u0026quot;
Quarrels case settled community as a whole, therefore, in essence, all witnessing the immediate events), or witnesses to a decent life of the accused. It was first called \u0026quot;Vidocq\u0026quot;, and the second \u0026quot;obedience\u0026quot;. 6 However, gradually formed the procedural requirements, ie foundations of modern law. For example, states that, who can be a witness on their required number. Serfs and the purchase and certain other categories of community members may have witnessed the events and appear in court, but were not allowed to witness a decent life, then there could not be champions.
Process should be open adversarial in nature, ie secret protection does not exist. If any facts are hidden, such acts are intentional, but the mystery itself is seen as nerozkrytost or the inability to identify the circumstances of the case, then it is not yet formed as a legal necessity.
Evidence of a departure from customary law should be regarded as refusal of blood revenge, replacing it with a pitchfork or other corporal punishment, such as a fine. In other words, it is about the principles of due process of division of criminal and civil proceedings, although this division is only when scheduled.
To identify and compare the positive processes of the right period of Kievan Rus\u0026#39; turn to
The first historical form of the bar defined family, when the functions of lawyers served family, friends, neighbors. The next step of its development is the formation of the latter as a professional institution. It is at this stage Legal protection is formed through the representation.
Advocacy occupation was manifested initially as a charity, then there would not be at the invitation of the defendant.
Rome Bar Association formed the next stage of its development - the institution of patronage. At this point you should be talking about a legal institution, as the relationship of the client and patron (a lawyer no longer limited to family relations, and is based on mutual services and their payment.
Over time, the procedural rules are no longer secret. It is the availability of the study and application of the law everyone and made the function of protecting the free profession. However, neither the customer nor the holder could not sue each other, to testify against each other. That is, finally, finds precedent attorney secrets as a legal category.
It is believed that it was a Roman attorney laid the foundation for global legal profession, one whose Legal Services we have one used now. At the same time, it should be noted that historical moment when pravozaschitnitstvo was separated from legal representation.
The concept of law secrecy period appearance \u0026quot;rules under which people are judged malorossiysky is well-established and becomes a respected society through disclosure of its contents. In other words, this source said, in essence, on the law secret, \u0026quot;d\u0026#39;... if that - or ... it will give the opposing side, or stick to it, and use, and to the detriment of the case, then this agent should be removed from production.
The legal regulation of the Institute for Trial Advocacy received a charter of 20 November i864, the attorney could not act in court as an attorney mouths of their parents, wives, children, siblings, etc. He could not be attorneys at the same time, both sides have argued, and could not move in the same case from one party to another!
Judicial charters attorney \u0026quot;shall not disclose the secrets of his principal, not only during the conduct of its affairs, but in the case of removal from it even after the IG. This included private attorneys, but their function, in contrast to the barristers, were somewhat others.
Further development of the Institutes is to study Ukrainian law in the complex historical conditions determined by the peculiarities of the formation of law in the Soviet Ukraine, Western Ukraine, Transcarpathia and Northern Bukovina. After the reunification of the unity of Ukrainian lands in the Soviet Ukraine of the bar are governed by the sole laws of the USSR.
With the formation of a market economy private right of Ukraine, I think, to specify a new understanding of the principle of bankruptcy, and hence damages. Consequently, a new understanding of the secrecy of the lawyer in today\u0026#39;s economic conditions should be reflected in the statutes themselves.
Lawyer mystery of their economic content is approaching the performance, that is, requires a new quality of interpretation. The need to consolidate the mysteries in general, as well as advocacy particularly in the legal system of Ukraine requires the definition of a new legal status of the mysteries, where should be the determining economic factor.