FEATURES OF CONCLUSION OF A LEGAL SERVICES CONTRACT WITH MINOR

Abstract

Purpose: to analyze the features of concluding a legal services contract with a minor, to outline potential theoretical and practical problems of protection of children's rights by an attorneyat- law arising from the impossibility of concluding an agreement, and to identify effective ways to overcome them. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the study: comparative legal, systemic and structural, analysis and synthesis. Results. The study identifies the features of concluding a legal services contract with a minor and analyzes the case law regarding the powers of an attorney-at-law to represent the interests of a minor on the basis of a legal aid agreement which was not agreed upon by the child's legal representatives. The author points out that the provisions of the Civil Code of Ukraine and the Law of Ukraine "On the Bar and Practice of Law" make it virtually impossible to conclude a legal aid agreement with a minor in the absence of approval by the legal representatives, which contradicts the Law of Ukraine "On Free Legal Aid". The author proposes to amend the Law of Ukraine "On the Bar and Practice of Law" with a provision according to which a legal aid agreement may be concluded by any individual who has reached the age of fourteen. A legal aid agreement with a person between the ages of fourteen and eighteen may be concluded exclusively on a pro bono basis.