Publication date: 29.04.2024
Лоер
Representation of a lawyer in court: Protection of dignity and effective removal of arrest
According to Article 1312 of the Constitution of Ukraine, in Ukraine, the system of advocacy is used to provide professional legal assistance, where a lawyer exclusively performs the functions of representing other persons in court, and also provides protection against criminal accusations.
The law may provide for exceptions to representation in court in the following situations:
in resolving labor disputes;
in disputes related to the protection of social rights;
in cases related to elections and referenda;
in minor cases;
in cases of representation of minors or minors, as well as persons who have been recognized by the court as incompetent or whose rights are limited.
In the modern legal process, the representation of a lawyer in court is an integral component that ensures not only the protection of the rights and interests of the parties, but also ensures the dignity of the participants in the process. One of the key functions of a lawyer in legal proceedings is the implementation of defense in court, which involves active participation in court sessions and the analysis and presentation of evidence.
The legal process, being complex and multifaceted, requires a professional approach to its solution. In this context, the role of the lawyer is to effectively represent and protect the client in court. The lawyer, acting as a representative of his client, has the task of ensuring not only the removal of the arrest, if such a situation has arisen, but also a decent resolution of the case in accordance with the law and the principles of justice.
Participation in a court hearing for a lawyer requires an in-depth analysis of all the circumstances of the case, identification of legal aspects and presentation of reasoned positions before the court.An important part of this process is ensuring that the lawyer respects the dignity of all participants in the legal process, which is reflected in communication with the judge, prosecutor and other parties.
It should be noted that delaying the legal process is not the lawyer's goal. On the contrary, his task is to solve the case as quickly and efficiently as possible in the interests of the client. Therefore, a lawyer in court works to optimize the process of handling the case as much as possible, avoid unnecessary delays and ensure an adequate decision from the standpoint of protecting the rights and interests of his client.
The possibility of abuse of procedural rights in court proceedings
Depending on the specific circumstances, the court may recognize actions contrary to the purpose of civil proceedings as an abuse of procedural rights. Such actions may include:
Filing a complaint against a court decision that is not subject to appeal, or which has already lost its validity, or filing a motion to resolve an issue that has already been decided by the court, without the presence of new circumstances or other grounds. This also includes filing an invalid challenge or other actions aimed at delaying the court process or preventing its consideration.
Filing multiple lawsuits against the same defendant or filing lawsuits with similar grounds without new circumstances, or other actions aimed at manipulating the automated allocation of cases between judges.Filing a groundless lawsuit, a lawsuit without a subject of dispute or in a dispute that is obviously artificial in nature, as well as unreasonable or artificial consolidation of claims to change the jurisdiction of the case or knowingly groundless involvement of a person in the case as a defendant or co-defendant.
Conclusion of a settlement agreement aimed at harming the rights of third parties, or intentionally concealing information about persons who should be involved in the case.
The court must take measures to prevent the abuse of procedural rights, and in the event of such abuse, the court may apply appropriate measures to the participant in the court process.
Thus, the lawyer's representation in court is aimed at ensuring the dignity and protection of the rights of the participants in the legal process, effective removal of the arrest, analysis of the case and participation in court sessions. A lawyer, acting as a defense attorney, provides not only legal, but also moral support to his client in court proceedings.
