CONDITION OF THE ADVOCACY WITHIN THE FRAMEWORK OF THE ADOPTION OF THE LAW OF UKRAINE “ON THE LEGAL (LAW) EDUCATION AND GENERAL ACCESS TO THE LEGAL PROFESSION”

In recent years, attention has been drawn to the reforms carried out by the government and other institutions of our state, chained to lawyers and the legal profession. YES created a new police, INCLUDING Patrol, National Anti-Corruption Bureau conducted multi recertification civil servants, judges, prosecutors, judicial reform ... DONE SO, policy enforcement and completely rebuilt enforcement SYSTEM. However, ACTIVE DISCUSSIONS REGARDING THE REFORM OF THE HUMAN RIGHTS SYSTEM HAVE RECENTLY STARTED.

Thus, on September 28, 2017, a group of deputies of the seventh convocation in the Verkhovna Rada, in particular O.I. Syroid and M. Nayem, registered the bill "On legal (legal) education and general access to the legal profession." Thus, the explanatory note to the bill states that: "Order of the Ministry of Education and Science of Ukraine dated 05.07.2016" On the establishment of a working group to develop the Concept of legal education in Ukraine "approved the composition of the working group and set the main deadlines its implementation. The working group included representatives of the Ministry of Education and Science, the Ministry of Justice, the OSCE and USAID, representatives of Ukrainian law schools and representatives of the legal professions. According to the draft of the revised Concept, the further development of legal education should be aimed at training a lawyer in accordance with his fundamental role - to establish the rule of law through the protection of individual rights and freedoms. Such development should be carried out by:

• approval of the understanding of the profession of lawyer as a profession aimed at protecting the rights and freedoms of the individual;
• defining the standard of legal education as a necessary amount of knowledge about doctrines, principles and institutions, as well as the necessary amount of legal skills, awareness of ethics and human rights issues that a student must master;
• guaranteeing the quality of legal education;
• guaranteeing an independent and transparent mechanism of access to the legal profession;
• guaranteeing the quality of legal science;
• development of financial, organizational, academic and personnel autonomy of higher law schools and universities in general ".

At first glance, it seems that everything is correct, but if you turn to the main provisions of the bill, you can find questionable rules, hidden under the slogan "rule of law and protection of human rights and freedoms."

1. According to Article 21 of the draft law, the legal professions in Ukraine are:

• judge;
• lawyer;
• prosecutor;
• notary.

Articles 23-31 regulate the creation of a single examination body in the city of Kyiv, which will assess the level of knowledge not only of master's graduates, but also of those who already have a master's degree in law.

The transitional provisions of the draft law indicate that persons who at the time of entry into force of this Law are judges, lawyers, prosecutors and notaries are considered to have higher (legal) legal education.

It is in these norms that the biggest problem has crept in. Thus, according to many experts and legal practitioners, the real purpose of the bill is to limit access to the profession, missing only "their".

All those who have a diploma of higher legal education in Ukraine will be divided into two groups. The first is that most legal practitioners outside these four professions will immediately restrict access to the legal profession, including such important human rights institutions as the legal profession and notaries. Therefore, in fact, all diplomas of higher legal education issued during all 26 years of Ukraine's independence are legally annulled within the jurisdiction of Ukraine. As for those who received a law degree before the declaration of independence, then:

1. Authorized persons will carry out their "identification" on an individual basis, passing everyone through the Unified Qualification Exam.
2. Other persons working in the Ministry of Justice will be given five years by assistant notaries and lawyers to pass the new Unified Qualification Exam.

Thus, we can summarize the impact of this bill on the human rights system of our state. First, the human rights system will be without new staff for the next few years, as it will be necessary to wait for the new release of masters of law. Second, access to these professions is limited by multi-level tests, so many legal professionals will bypass human rights institutions through a very long selection process. And finally, thirdly, this bill fully lobbies the interests of current judges, notaries, prosecutors and lawyers, as closing access to other staff creates a closed group of lawyers already practicing in this field.

Thus, the bill needs significant changes so that the human rights system does not violate the current principles of legality and the rule of law, which are guiding for the bar and notary.