PROVISION OF LEGAL ASSISTANCE BY LAWYERS IN GENERAL AND SPECIALIZED ADMINISTRATIVE COURTS OF THE FEDERAL REPUBLIC OF GERMANY: EXPERIENCE FOR UKRAINE

Abstract

The article defines Germany's experience in providing legal assistance by lawyers in the administration of justice in general and specialized administrative courts. It is emphasized that administrative and legal protection in Germany is carried out by general and specialized administrative courts. Special and financial administrative courts are specialized. Financial courts are subordinated only to financial and legal disputes, while there are two instances. The system of special courts consists of three instances and makes decisions on social and legal demands of citizens to the state (for example, on the demand for social assistance or child support). All other administrative-legal conflicts are considered by (general) administrative courts. It is emphasized that the experience of Germany seems interesting, in which teachers of higher educational institutions who have a scientific degree of doctor of law can act as representatives in administrative proceedings at the same level as lawyers. In general, this approach seems quite acceptable, but in such a case, it is necessary to ensure that the rules of lawyer ethics are extended to such representatives. We consider it necessary to pay attention to the fact that in Germany there is also a law on administrative procedure, one in this country is considered an "administrative process" only the judicial procedure for resolving administrative-legal disputes. In turn, the activities of public administration bodies regarding consideration and resolution of individual administrative cases are carried out within the framework of the administrative procedure. It was emphasized that when exercising their representative powers in the admi-nistrative process of Germany, lawyers are obliged to act exclusively in the interests of the client and strictly comply with the requirements for legal professional secrecy. German law on the legal profession prohibits a lawyer from taking actions and taking on obligations, the performance of which would lead or could lead to disclosure of the lawyer's secret. A lawyer is prohibited from representing in court on behalf of a client for whom he previously worked as a legal adviser, if this work occupied the main amount of his working time.