The Scope of the Advocate's Activity
The judicial protection of human rights begins with the institution of the advocate. Article 2 of the Law on Advocates describes advocacy: it includes giving legal advice to a person who has applied for assistance; representing the client in constitutional, criminal, civil or administrative matters before courts, arbitration, and bodies of detention and investigation; preparing legal documents addressed to third persons and submitting any documentation in the client's name; and rendering legal assistance not connected with representation. This list covers every format of human rights protection — from consultation to court litigation.
When studying the protection of rights, the advocate's capacities are decisive. Article 4 entitles the advocate to represent and defend the client, their rights and freedoms before constitutional, supreme and common courts, arbitration and investigation bodies, and before other persons; to request and receive documents, certificates and other factual data necessary for the activity; and to meet, without hindrance, at any time and without control, a person in detention or imprisonment and to correspond with them. The activity of an advocate may be restricted only by law — this guarantee is the foundation of independent defence.
The Means of Protecting the Client's Interests
Article 6 regulates the formula of protection: the advocate is entitled to use every means not prohibited by legislation or by the norms of professional ethics to protect the client's interests. At the same time, the advocate is obliged to provide the client in due time with all information and to explain every possible financial obligation connected with the conduct of the case. In human rights disputes both directions matter: the completeness of active defence and transparent communication with the client.
How a Human Rights Case Proceeds
A rights dispute consists of several stages: legal analysis — which right was violated and in which format; the choice of remedies — court, arbitration or investigation bodies; preparation of documents — a claim, complaint or application; and representation — at every hearing and procedure. The list of the advocate's rights unites precisely these stages in a single legal frame and gives the client a full picture of the process.