REFORMING THE QUALIFICATION EXAM PROCEDURE FOR ADMISSION TO THE LEGAL PROFESSION

Abstract

Background. According to the Constitution of Ukraine, the Bar is an integral part of the justice system. A high level of professional training of advocates is a prerequisite for the proper functioning of the judicial system and effective protection of the rights and freedoms of citizens. In Ukraine, the procedure for passing the qualification exam to obtain the right to practice law is the main stage of access to the profession, which, at the same time, is characterised by several systemic problems and corruption risks that negatively affect the functioning of the justice system, the effectiveness of legal aid provision and public trust in the Bar as an institution. The relevance of this study is stipulated by the need to improve the procedure for passing the qualification exam, which should be in line with the best European and international practices. The purpose of the study is to analyse the current procedure for passing the qualification examination for the right to practice law in Ukraine, to identify its shortcomings and to formulate the author's own view on its reform in accordance with international standards. 
Methods. The study is based on the application of the methods of analysis and synthesis, induction and deduction, formal legal and logical legal methods. 
Results of the study are to identify several shortcomings of the qualification examination procedure for obtaining the right to practice law and to formulate theoretical provisions and practical proposals for improving the relevant procedure.  
Conclusions. It is found that the current procedure for the qualification examination for advocates in Ukraine is ineffective, fails to meet international standards and contemporary requirements, and contains significant shortcomings. These include high corruption risks, a lack of transparency in the assessment process, and outdated methods of knowledge evaluation. To reform the qualification examination procedure, it is proposed to introduce anonymous computer-based testing by adopting the technology of external independent evaluation. This approach is expected to ensure transparency and enhance oversight of the activities of the Bar's qualification and disciplinary commissions. The implementation of these measures will contribute to improving the professional training of advocates, reducing corruption risks, and strengthening public trust in the legal profession.