The lawyer (lat. advocatus — from advoco — I invite) — the person whose trade is legal aid rendering physical and to legal bodies, including protection of their interests and the rights in court.
For the first time lawyers have appeared in Ancient Rome. Cartridges were the first lawyers in Rome. In the name of them two trades were combined: legal advisers and lawyers.
In the Roman Republic the advocacy got more and more value and authority. «Since Grakhov», fairly notices Grelle-Djumazo: «republic coped by lawyers». The Most outstanding politicians of the republic, got used to speak publicly - Mark Antoniy, Juliy Caesar, Pompey, Avreliy, Tsitseron - all of them were put forward by advocacy.
The republican period of Ancient Rome is recognized by the best time of the Roman advocacy. It was absolutely a liberal profession and has created variety of the first class orators.
The corporation of professional defenders in court was generated in Rome during the Empire epoch, that is B.C.
After decline of Roman empire the advocacy has had the further development in Byzantium and other countries. Extending on the world, advocacy go through considerable changes, but its device which has developed still in Ancient Rome, was classical and became a basis of all subsequent modifications of advocacy, up to the newest time.
ADVOCACY IN RUSSIA
The term "lawyer" in Russia has been used since 1743. For the first time it meets in the project of the code of the Ukrainian Law - "the Rights on which has legal proceedings “the people of Malorossia" - an instruction of the Cossack right. The citation from the code: "the Lawyer, a cartridge, plenipotent, the procurator and the attorney is called that person who is in another's case, with the commission of whose, instead of it in court defending replies and finishes".
"Rights" have obliged for the first time professional lawyers to be registered in courts at which they work and to take the oath. "Rights" supposed to protection and nonprofessional defenders - parents, the trustees defined by court, the elite at will of the parties. Requirements to lawyers were rigid: in a trade supposed only intellectually and physically strong men of a secular condition who had Christian religion. Judicial serving in the districts could not be engaged in lawyer activity. It was necessary for lawyers "... To promote near in its need and to serve justice, that for the sake of, business and a rank of the lawyer fair is, if only this did not use to spite...". Lawyers received payment for the work, but in certain cases they should protect clients free of charge.
In 1862 the State council has made the decision "... To enter establishment of barristers without which conducting competition in civil and judicial debate in criminal legal proceedings for the purpose of disclosing of true and granting of full protection and accused before court" will be resolutely impossible. The person who applied for a rank of the barrister, arriving in advocacy, took before councilors the oath:" I am promised and swear all-powerful God, before its sacred Gospel and a life-giving cross dominical, to be loyal to its imperial majesty to a sovereign to the emperor, the autocrat All-Russia, to execute in accuracy and on extreme my understanding empire laws, not to write and not to say on court anything that could tend to easing of orthodox church, the state, a society, family and kind morals, but fairly and honesty to fulfill duties of a rank taken by me up, not to break respect for courts and the authorities and to protect interests of my principals or the persons which affairs will be assigned to me, remembering that I in all it should answer before the law and before god on its Last Judgment. As a witness of these words I kiss a cross of my savior. Amen ". Civil servants barristers were not. It was the liberal profession, and its representatives were independent of court on conducting criminal and civil cases. But they had a special disciplinary order which they submitted.
Councils of barristers have appeared in 1866 in S.-Peterburge and Moscow.
ON THE 19th OF MAY, 2011 TO ADVOCACY OF KHARKOV DISTRICT 137 YEARS WILL BE EXECUTED
On the 19
th of May, 1874 Council of barristers has been created at Kharkov appellate court.
Its structure was such: the chairman - Michail Vasilevich Zhuchenko, a companion of the chairman Sergey Fedorovich Moroshkin, councilors: Ivan Alekseevich Klopov, Feodor Mihailovich Kosmachev, Nikolay Grigorevich Borsuk, Alexandr Sergeevich Lebedev and Alexandr Nikolaevich Zaitsev. Council of jurymen sat at a building of Kharkov district court.
There was insufficient quantity of barristers, therefore there was "a private advocacy" in the name of intercessors, as a rule, on civil cases. Along with jury advocacy there was an institute of private lawyers. It was entered «by Rules about persons having the right to be lawyers on actions of proceeding» which have been confirmed on the 6th of June, 1874г. To become private lawyers, it was necessary to receive the special certificate. It was given out by those courts in which district the private lawyer carried out the petition on affairs.
In more details the legal status of private lawyers has been described in "Code of laws" of 1892.
On the 6th of December, 1874 the Highest command about time suspension of creation Councils of barristers in districts of those appellate courts where they have not been opened yet, and transfer function of Councils to district courts in view of that has followed: "the founded Councils of barristers have not justified the problem of supervision assigned to them for secure advantage and moral cleanliness in actions of the persons belonging to this estate".
Such position remained till 1904 when the Highest commands from the 21st of July, on the 10th and 24th of November, it was authorized to open Councils of barristers at Novocherkassk, Kazan, Odessa, Saratov, Irkutsk and Omsk appellate courts.
On the 8th of November, 1889 restrictions of access to advocacy of people which didn't profess christvo, have been established. It is caused by a state policy which was spent in those days. To accept them in estate or not – depended on the Minister of Justice. Thereby access was practically closed, and not orthodox person could become barristers.
For the first time in all our history in "Judicial Charters" the person has got the certain driver's license in the face of the government. Observance of these rights was watched by independent court.
In 1864 independent advocacy appeared. It became the new guarantor of observance of the person rights in court. For the first time in history of Russia Council of barristers (Bar in modern understanding) and institute of barristers (lawyers) has been confirmed.
Public bases on protection of the rights of the person in criminal and civil legal procedure have been put. Without it competitiveness introduction in criminal and civil legal procedure for the purpose of establishment of true and granting in the future of necessary protection of the rights and interests was impossible for all participants of process.
In 1910 on one barrister of Kharkov Council it were more than 100 criminal and civil cases, Kiev – 80 and Odessa - about 90 affairs.
Besides barristers, there was institute of so-called private lawyers who could be the citizens of the male who have reached of 18 years. Organizational private lawyers have not been united.
In the beginning of judicial reform the number of lawyers was small. But already to the middle of 90th years of a XIX century the situation has essentially exchanged. In Kharkov appellate court there were 170 barristers and 53 assistants, in Odessa - 120 barristers and about 60 assistants, in Kiev - almost there are more than 500 barristers and more than 400 assistants. There were also many private lawyers.
By the end of 80th years of a XIX century on one lawyer of Kharkov judicial district it was more than 55 thousand population, Odessa - more than 23 thousand, Kiev - more than 32 thousand. After thirty years, this figure accordingly made: about 27 thousand, more 17 thousand, more than 16 thousand.
In Ukraine at this time such lawyers as Alexandrov, M.M.Grodzinskiy, A.L.Rivlin, B.P.Kulikov worked and others.
The advocacy of Ukraine which was generated as a result of judicial reform of 1864, has existed till 1917 and thus practically did not change. The advocacy institute operated according to norms of "Judicial charters" 1864.
ADVOCACY IN THE USSR
Occurrence of the Soviet advocacy in the literature is defined differently.
Some sources connect it with acceptance on the 26th of May, 1922 Positions about advocacy. But actually the first lawyer bodies have been created simultaneously with new Soviet court. They changed, but it doesn't mean that they weren't in general.
In 1922 the advocacy has been transformed on a new basis. The decree about court № 1 since the 24th of November, 1917, abolishing along with old court institutes of jury and private advocacy, hasn't founded new Soviet bodies of protection. Decree article 3 said: "In a role of accusers and defenders all not discredited citizens of both sexes, having are supposed by the civil rights".
The first lawyer bodies have been created in the USSR by the Decree about court № 2 since the 7th of March, 1918. In the special part of the Decree named: "About charge and protection", it was told: "Judicial examination occurs to charge and protection participation". According to the Decree at Councils of working, soldier's, country and Cossack deputies the commissions of the people who have devoted right intercession both in the form of public charge, and in the form of public protection began to be created. These commissions consisted of people who got out and responded Council, only they had the right to act in courts for a payment. If the accused did not exercise the right to invite the defender to the court, under its petition, appointed to him the defender from board of legal experts. The decree has not settled all questions of the organization of the specified boards, it was added with practice. In July, 1918, 2nd All-Russia congress of regional and provincial commissioners of justice has accepted the Instruction to the Decree about court № 2. The instruction provided that right intercession province make common province board that chooses the provincial Council re-elected in 6 months. Boards had the right to supervise actions right intercession, to consider complaints to them and to give representations about an exception of boards of unworthy members. Congress has accepted typical "Position about board right intercession ". Position gave to Councils the disciplinary power concerning members of boards, imposed on them a duty of development of the rate for fee and distributions of members of board for performance in courts.
There was not advocacy institute in Ukraine during 4 years (since 1918 till 1922). Central Executive Committee of Russia and Ukrainian Soviet Socialistic Republic has confirmed "Position about advocacy" on October, 2nd, 1922. At this time there were Bars.
On the 3rd of March, 1923 the structure of Kharkov provincial bar into which 100 persons have entered nearby has been confirmed. Among them there was B.P.Kulikov, N.N.Poznan and others.
The first presidium of Kharkov board has headed I.M.Siyak. Into presidium structure have entered: M.S.Maevskiy, T.A.Novikov, P.P.Kulikov, N.N.Poznaskiy, V.R.Erivman and Smirnov.
No overwhelming majority of members of board had not only juridical education, and in general any, but have been thus betrayed to revolution business.
Since 1923 for 1924 in Kharkov province was 113 defenders.
20-40 years became the period of cruel struggle against class enemies of the Workers' and Peasants' state. Therefore about observance of the rights and freedom of the person at that time at all did not speak. The great bulk of affairs of those people which considered as "enemies of the people" were considered by the special extrajudicial organizations without charge and protection participation. There were two main measures of punishment: execution or 10 years without the correspondence right.
The lawyers who have entered board during the period since 1923 till 1941
Natanson, Levin, Kapushchevskiy, Rivlin, Grinfeld, Bron, Godzievskaya, Meshoirer Grilihes, Lifshits, Terk, Semenov, Odnopozov, Krishtopa, Kapushchevskiy, Kazarnovskiy, Suslovich, Mamutov Zhelihovskiy, Nikitin, Evzerov, Ljuftman, Agranovich, Linetskiy, Tafft, Rapoport, Derevianskaya, Tsukerman
In 1926 Kharkov provincial bar has shown the initiative and went in Council of National Commissioners USSR with the offer to replace words "bar" on "Bar". The offer of our predecessors then has not been supported by the legislator.
Since the 11th of September, 1929 a bar began to be based at district courts. Basically defenders worked collectively - a legal aid rendered only through consultations where all money concentrated, and after, were distributed as the salary between defenders. Cost of lawyer services was confirmed by superior court. Quotations were uniform for all. Private practice was not resolved. The warrant of legal consultation was the basis for protection and representation in courts. The numerical structure of defenders was confirmed annually by the National Commissioner of Justice.
Such scheme of work of advocacy existed in Ukraine till 1992, namely, till that time when the law in force about advocacy has been accepted.
In 1931 by the decision of CECR USSA has been divided into Kiev, Kharkov, Vinnitsa, Dnepropetrovsk and Odessa areas. According to decision National commissariat of justice at regional courts there were bars. On the 4th of July, 1934 legal consultations have been transferred on full cost accounting. It was demanded «by Position about forms of legal consultations work » which has been confirmed by Superior court.
"Position about advocacy of the USSR" has been confirmed on the 16th of August, 1939 by Council of National Commissioners. This Position has brought powerful innovations in advocacy. Since now in lawyer activity the person who has received the higher legal education could be engaged only or has finished the law school, having experience of work at least one year or passed training in Bar. For lawyers there could be the one who was in Bar. Besides, have been entered new terms: the lawyer, advocacy, Bar, and National commissariat of justice has confirmed "the Instruction about order of payment of the legal aid given by lawyers".
Stalin reprisals of 30 years have decided destiny of many Kharkov pre-revolutionary lawyers.
Among them was A.M.Alexandr who protected workers in imperial court on case of the well-known Ljubotinskiy pogrom.
Poltavtsev Yu.P. who was a member of two Bars - Kharkov and Moscow became a victim of post-war reprisals of 50th years of 20 century. After the Great Patriotic War it has spent many years in imprisonment places. Poltavtsev already in advanced has been rehabilitated. In advocacy it hasn't been restored.
Alexandr Maximovich Nazarov Grigoriy Zelmanovich Mats
After war Kharkov advocacy was filled up with participants of war. Among them two Heroes of Soviet Union - Nazarov A.M. and Mats G. Z who already aren't present today with us.
Participants of war, lawyers of the first post-war generation of Rivkin G. M, Kagan A.D., Nevelskiy М, Zebelia E.A., Ilev F.I., Rivlin A.A., Dunaevskiy A.S., Schmidt M. M, Chursin V. V and many others have died.
Lawyers, participants of the Great Patriotic War 1941-1945
Odnopozov, Dunaevsky, Nazarov, Shpilevoy, Janushevskiy, Zebel Pechenjuk, Nevelskiy, Kamyshanskiy, Beliakin, Motova, Kozlitin, Korol Sazonenko, secretary Belinson, Kozlitina, Timchenko.
Fortus, Sazonenko, Andruhov, Mats, Bron, Rubinchik, Itskov, Storozhenko, Kopisarov, Shevchenko Hristjushin, Ilev, Karabeinik, Zhitomir, Levin, Homitskiy, Semenov, Nezhalskiy, Brodskiy, Eremenko Pljusnin, Kublanov, Epstein, Rivkin, Benzar, Butts, Radko, Medvinsky, Kusharskiy
New state "About advocacy" Supreme body of the Ukrainian Soviet Socialist Republic has accepted Position on the 25th of September, 1962.
At this time for the first time in the Soviet Union two schools of improvement of professional skill of lawyers - school of judicial speech and school of young lawyers have opened. They worked at presidium of the Kharkov regional Bar. Training passed in these schools within five years.
Georgiy Markovich Nevelskiy has headed school of young lawyers, and Arcady Samoilovich Dunaevskiy - school of judicial speech. After Dunaevsiky supervising post at school was occupied with Grigoriy Markovich Gorodetskiy.
Almost all lawyers who have come to Kharkov advocacy since 62nd till 90th years, were trained at these schools.
Kharkov regional Bar also published magazine "Bulletin". In the beginning of 90th it has been closed, but in 2003 has started establishing again.
Masters of Kharkov advocacy are - Samarskaya S.A., Vetkin S.K., Bron M. I, Gugel I.G, to Belkin D.A., Itskov E.L. and many others promoted work of schools and "the Bulletin" edition.
On the 30th of November, 1979 the Supreme body of the USSR has passed the Law "About advocacy in the USSR", and on the 31st of October, 1980 Supreme body USSR has confirmed "Position about advocacy of the Ukrainian Soviet Socialist Republic".
The structure and the organization of advocacy activity remained former:
- Regional Bars;
- Obligatory work of all lawyers only through legal consultations;
- Payment on the basis of the rates confirmed by the Instruction about payment of a legal aid, - rendered by lawyers citizens, the enterprises, establishments and the organizations;
- Restriction to receive a salary for work more, than it is established by Position about payment of lawyers.
Nowadays, activity of lawyers is defined by the Law "About advocacy" which has been accepted on December, 19th, 1992 by the Supreme Rada of Ukraine.
According to this Law the Ukrainian advocacy is the voluntary professional public association, called to promote protection of the rights, freedom and to represent legitimate interests of citizens of Ukraine, foreign citizens, persons without citizenship, legal bodies, to give them a various legal aid. It carries out the activity on principles of leadership of the law, independence, democratism, humanism and confidentiality. Lawyer activity can be engaged in, the person having the Ukrainian citizenship, the higher juridical education, worked can be engaged in the lawyer or the assistant to the lawyer to not less than two years. The applicant for a post of the lawyer should hand over promotion examinations, receive the certificate on the right to employment by lawyer activity and take the oath the lawyer of Ukraine. The person, who is a previous conviction, has no right to be engaged in lawyer activity. Besides, the lawyer should not work in Office of Public Prosecutor, court, the state notaries, law-enforcement bodies, security services, government.
And here are the examples of our stands: