CRIMINAL LAW AND CRIMINAL PROCEDURE. INFORMATION LAW AND SECURITY

Judicial Representation Reform in Ukraine: Institutional Interaction Between the Bar and Legal Consultants

Authors

  • Tokarchuk Lyudmila Mikhailovna Odessa I. I. Mechnikov National University Author

DOI:

https://doi.org/10.54649/2077-9860-2025-4-76-85

Abstract

This article examines the legal regulation of the professional powers of advocates and legal consultants in Ukraine in the context of the 2016 judicial reform and the introduction of the so-called “lawyer’s monopoly” on court representation. The study analyzes the constitutional and legislative framework governing advocacy, including the Law of Ukraine “On Advocacy and Legal Practice,” procedural codes, and subsequent amendments affecting the scope of professional representation. Particular attention is devoted to the delineation of competencies between advocates, who possess exclusive rights to judicial representation and criminal defense, and legal consultants, whose activities remain largely unregulated by a specialized legal framework.

The research identifies legislative gaps, inconsistencies, and practical difficulties arising from the reform, including transitional conflicts, challenges in confirming representative authority, and restrictions affecting corporate legal services. The article also explores doctrinal debates concerning the balance between ensuring high professional standards and preserving broad access to justice.

Based on systemic and comparative analysis, the author proposes directions for improving the regulatory model, including clearer institutional coordination, recognition of the professional status of legal consultants, and refinement of procedural norms. The study concludes that harmonization of professional roles is essential for strengthening legal certainty, professional accountability, and effective access to justice in Ukraine.

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Published

2026-01-08

Issue

Section

CRIMINAL LAW AND CRIMINAL PROCEDURE. INFORMATION LAW AND SECURITY