Проблеми отримання адвокатом правової інформації про зміст норм іноземного права під час представництва інтересів клієнта у цивільному судочинстві України
Problems of Obtaining by the Lawyer the Legal Information on the Content of Foreign Law Norms While Representing the Client’s Interests in Civil Proceedings in Ukraine

Summary/Abstract: The article is devoted to researching particular problems (problematic aspects) of obtaining by the lawyer the legal information about the content of foreign law norms while representing the client’s interests in the civil proceedings of Ukraine. During the research it was found out that according to the current Law of Ukraine “On Information” legal information should be understood as any information (documents, texts, data) about a law, its system, sources, realization, as well as legal facts (circumstances, factors), legal relations, law and order, legal offences, dealing with them and preventing them, etc. At the same time, it is reasonable to conclude that the present legislation of Ukraine provides for a number (system) of possible options (directions) for seeking (obtaining) by the lawyer the legal information (documents, data, texts, etc.) on the norms of foreign law, each of which (possibly) has its advantages and disadvantages (certain problematic aspects). It is established that the involvement of foreign legal information in litigation (in the civil proceedings of Ukraine) is advisable to reduce to 3 main aspects (directions, options), namely: 1) direct familiarization with foreign legal documents and information sources (texts, data) - (1 aspect); 2) involvement of written findings (on a problem) in litigation (in civil proceedings), including expert opinions - (2 aspect); 3) obtaining information (legal information) on foreign law from the central authorities of Ukraine, in particular from the Ministry of Foreign Affairs of Ukraine or the Ministry of Justice of Ukraine - (3 aspect). According to the results of the study, it was determined and proved that the choice of the most effective (optimal) option (from the possible alternatives) for the Ukrainian lawyer to search for legal information on the content of foreign law rules (while representing the client’s interests in court) in a particular court case in the civil proceedings of Ukraine, is dependent, in the first place, on: 1) a specific civil case; 2) the lawyer’s capabilities (potential) and professionalism; 3) the authority of the court (directly from the judge).

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