Historical and Philosophical, Philosophical and Legal Rationale for Legal Assistance

  • M. Tsymbaliuk Doctor of Law, Professor, Ternopil, Ukraine
Keywords: personality, citizen, law, society, government, legal assistance, philosophy, philosophy of law

Abstract

The article analyzes the historical and philosophical, and the philosophical and legal basis of legal aid as a sociocultural phenomenon of modern democratic society. It was found that legal aid is needed in order to enable the person and citizen to feel secure and at the same time to create a level playing field in a society with a view to the harmonization of education in the system of rights between man, the state and society. Today, human rights, freedom, honor and dignity is one of the main directions in the development of public policy and declared different rules, conventions internationally. At the level of rational interpretations and studies, at the theoretical level human rights causes in place a system of moral and metaphysical beliefs, which is committed to a particular individual. The main objectives that pursues legal advice – is primarily a legal defense of the interests of citizens and those who are in the country to create an idealistic public order. Continuous transformation law, despite possible fluctuations mainly occurs in the form of evolutionary processes, not revolution, because deep in virtually any convulsive movement ends with the reconciliation requirements and legal and social system, within which it is produced. Legal today is one of the areas of social and legal policy to protect the rights and freedoms of its citizens. Therefore, the term «legal assistance» has to function on the basis of such principles as legality, humanity, the rule of law, equality, fairness, accessibility, confidentiality, avoidance of conflicts of interest, guaranteed state funding for free legal aid. After analysis between legal aid and the right, as such, we have concluded that it is in the law contain provisions by which legal aid is made. Today society is in dire need of qualitatively new, qualified legal assistance, which should contribute to the solution and provided answers to the questions that bother people with whom they are most in everyday life. The right to legal aid and have common problems, goals and principles and thus they act as the main guarantees that they must provide the state represented by competent authorities.

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Author Biography

M. Tsymbaliuk
Doctor of Law, Professor, Ternopil, Ukraine

Abstract views: 98
PDF Downloads: 149
Section
History of philosophy of law