Associate Professor of the Department of Civil Law Disciplines
Odesa I.І. Mechnikov National University
PhD in Law, Associate Professor, Associate Professor of the Department of Civil Law Disciplines
Odesa I.І. Mechnikov National University
ACCESS TO JUSTICE»
Abstract. This article examines the relationship between the level of legal culture among the population and the effectiveness of access to justice in the context of the transformation of Ukraine’s legal system. It is argued that an insufficient level of legal culture creates barriers to the exercise of the right to judicial protection, deepens social inequality, and undermines trust in judicial institutions. The paper emphasizes that legal culture is not only an educational phenomenon but also a social, communicative, and motivational factor that determines citizens’ readiness for lawful behavior and the protection of their rights. The article explores ways to enhance legal culture as an integral part of legal policy.
Keywords: legal culture, access to justice, legal consciousness, legal education, rule of law, legal literacy, legal reform.
In the contemporary legal spase of Ukraine, which is undergoing profound transformations under the influence of political, social, economic, and even cultural factors, the issue of effective
access to justice is acquiring particular importance. In the process of democratizing the legal system and reforming the judiciary, it becomes increasingly evident that the mere formal enshrinement of legal guarantees is insufficient to ensure fair and equal access to justice for all citizens. In this context, the legal culture of the population assumes critical importance as a key element in the practical realization of fundamental human rights - above all, the right to judicial protection. An insufficient level of legal culture leads not only to legal nihilism but also exacerbates social inequality, fosters distrust in judicial institutions, and diminishes the effectiveness of state legal policy. In the context of contemporary Ukraine, legal culture functions not only as a means of informing citizens about their rights but also as a mechanism for fostering readiness to participate in legal processes, trust in the legal system, and internal motivation for lawful behavior. The purpose of this study is to explore the theoretical and legal aspects of the relationship between legal culture and access to justice, to analyze the factors influencing this relationship, and to identify ways to enhance the level of legal culture as one of the key instruments for ensuring the effective realization of the right to judicial protection. Y.
V. Kryvytskyi rightly notes that «legal culture is an important factor, a ‘key’ and a foundation of legal reform» [1, p. 25]. In other words, legal culture not only reflects the level of legal consciousness among the population but also creates a favorable environment for the implementation of legal changes. It is precisely through an adequate level of legal culture that the stability and effectiveness of legal reforms can be ensured in the long term.
O. R. Balatska notes: «In order to fulfill the objectives of facilitating access to justice, states should adhere to the following principles: informing the public, particularly about the location and jurisdiction of courts, as well as the procedures for filing a claim or defending one’s interests in court; simplifying judicial procedures, which includes measures for reconciliation of the parties, provision of legal aid, use of plain language, translation services, and limiting the number of expert assessments; accelerating proceedings by adopting measures to minimize the time required for courts to deliver decisions-swiftly, without unnecessary formalities, personal appearances, or excessive costs- while also ensuring enforcement of judgments; simplifying the system of court fees by reducing or eliminating them; and introducing special procedures, particularly within simplified proceedings» [2,
p. 449]. Thus, legal guarantees of access to the courts must be supported by social, cultural, and communicative conditions that enable citizens to exercise this right. A necessary prerequisite is legal literacy, availability of legal information, the ability to critically assess court decisions, and active engagement in the protection of one’s rights.
O. V. Haran also emphasizes that «The right to judicial protection is an essential component of the right to legal protection… The concept of ‘the right to judicial protection’ can be defined as the totality of legal opportunities available to every individual for the effective restoration of their rights, within the scope and in the manner prescribed by law, ensured by an independent and impartial court through a fair and public hearing of the case within a reasonable time, and the guarantee of the right to the enforcement of a court decision and the realization of the right to judicial protection» [3,
p. 12]. Thus, ensuring the right to judicial protection as a key element of access to justice is closely linked to the level of legal culture in society. It is legal awareness and trust in the judicial system that facilitate the actual exercise of legal rights by citizens.
In her dissertation research, O. M. Kozakevych draws attention to the complexity of realizing the right to justice in transitional societies: «The mechanism for exercising the right of access to justice is significantly influenced by political, economic, social, psychological, and technical factors» [4, p. 42], and emphasizes that «a significant portion of citizens, especially vulnerable population groups, demonstrate a low level of legal knowledge regarding the implementation and protection of their rights through legal means» [4, p. 52]. In the context of transitional societies, enhancing legal culture becomes a key factor in overcoming barriers to effective access to justice. It is precisely legal awareness that helps mitigate the impact of political, socio-economic, and psychological factors that complicate the realization of human rights.
O. Kolych emphasizes that «One of the key indicators of the effectiveness of the judiciary is the level of public trust in the courts. In order to increase this trust, it is necessary not only to ensure the unconditional observance of the principles of justice, legality, and the rule of law, but also to
establish communication with the public, to guarantee maximum transparency in the activities of courts and their officials, to ensure openness, debureaucratization, and the avoidance of conflicts of interest» [5, p. 70]. Improving legal culture undoubtedly contributes to the growth of public trust in the judiciary, as an informed society is capable not only of demanding adherence to the principles of justice and legality, but also of actively monitoring the transparency and accountability of judicial authorities. This, in turn, ensures more effective access to justice. Furthermore, legal education fosters awareness of individual rights and the mechanisms for their protection, thereby reducing legal nihilism and encouraging active civic particip ation in legal processes. This approach lays the foundation for effective interactionbetween society and judicial institutions, which is essential for the sustainable development of the rule-of-law state.
I. V. Izarova emphasizes that «access to justice is an integral component of the rule of law and a democratic legal state» [6, p. 32]. The study highlights the importance of ensuring equal access to justice for all and the effective protection of the rights of those seeking it. This means that access to justice must be based on a systemic approach that encompasses legal education, the development of infrastructure, and institutional guarantees. In this light, enhancing legal culture should be considered part of the broader strategy of legal reform. It must involve not only educational institutions but also the mass media, local self-government bodies, the legal profession, and judicial institutions, all of which should serve as centers for legal awareness and education.
According to Y. I. Sverba, «Ukraine’s state legal policy defines access to justice solely as the realization of the right to judicial protection… While this approach cannot be considered incorrect, it fails to reflect the full depth of the concept. When facing legal issues-which, notably, are often latent-individuals are primarily interested in resolving them rather than appearing in court. Moreover, for the state, it is far more important to prevent the emergence of legal problems (through awareness of one’s rights and mechanisms for their protection) than to address their consequences (judicial protection)» [7, p. 211]. This position convincingly demonstrates that effective access to justice is impossible without an adequate level of legal culture among the population. Only by fostering citizens’ awareness of their rights and the mechanisms for their realization can the state not only respond to legal conflicts but also prevent them-an essential feature of a mature legal society. It is the cultural component-legal culture-that serves as the motivational core influencing an individual’s willingness to use legal instruments. Even the availability of legal aid and appropriate infrastructure will not be effective without cultivating a deep societal understanding of the value of justice.
In his research, M. M. Knyhnytskyi notes that the process of law enforcement in Ukraine is influenced, in particular, by «the legal consciousness of citizens, the ethical standards of law enforcement bodies, the level of legal education at all levels of society, as well as the interaction between law enforcement agencies and citizens, which should be based on mutual respect and understanding» [8, p. 2]. Based on this statement, it can be concluded that enhancing legal culture in Ukrainian society is not merely an educational or legal task, but also an essential element of deeper social interaction between state institutions and the public. Fostering respect for the law is only possible through continuous dialogue, the development of trust, and the maintenance of ethical standards at all levels of legal enforcement. In this regard, legal culture and law enforcement should operate as a unified mechanism of social control. A high level of legal culture lays the groundwork for the legitimacy of law enforcement decisions and promotes public intolerance toward legal violations, corruption, and abuse within the judicial system.
M. V. Savchyn, A. Zavydniak, and V. V. Olashyn emphasize: «Without the enforcement of court decisions, their legal effect is essentially nullified. Proper enforcement is an integral part of the broader concept of access to justice, as it involves the restoration of rights violated either by third parties or by public authorities» [9, p. 147]. While the Constitution of Ukraine guarantees everyone the right to a fair trial, the practical implementation of this right requires improvements in the mechanisms of monitoring and enforcing judicial decisions. A high level of legal culture among citizens contributes to strengthening civic oversight over judicial and enforcement authorities,
stimulates human rights advocacy, and raises public expectations toward the state in fulfilling the rights it proclaims.
T. S. Polishchuk, in her research, notes: «Improving the state of legal culture in Ukraine requires systemic reforms in the areas of justice, legal education, and the provision of transparency and openness of government structures» [10, p. 233]. This implies that the effective enhancement of legal culture necessitates a comprehensive approach, where the key role is played not only by the state but also by civil society, the academic community, and the educational system. Only through the synergy of these efforts is it possible to foster a sustainable legal environment that facilitates genuine access to justice and the consolidation of the rule of law.
According to S. H. Kelbia, «access to justice is a crucial factor in ensuring the rule of law in a democratic state. Penetrating various branches of law, it is both a process and a goal, holding significant importance for individuals seeking to exercise other procedural and substantive rights. By ensuring access to justice, real opportunities arise to protect individuals from violations of their rights, to obtain compensation for damages caused by civil offenses, and to defend oneself in criminal proceedings» [11, p. 63]. Thus, access to justice serves as a system-forming element of the rule of law, ensuring the effective functioning of the entire mechanism for the protection of human rights. Without effective access to judicial and other legal protection mechanisms, neither legal equality nor social justice can be achieved.
In a democratic society, access to justice should be viewed not merely as the formal ability to bring a case before a court, but as the real capacity of every individual to effectively defend their rights. As rightly pointed out by researchers V. Lima and M. Gomez, «access to justice is a fundamental right that must be guaranteed in democratic, participatory, and egalitarian societies… This access must be comprehensive and free from any form of discrimination» [12, p.118]. At the same time, contemporary approaches to ensuring access to justice focus not only on institutional or procedural aspects but also on the informational and communicative dimension. According to a group of Chinese researchers led by Yuan Mingzhu, «access to legal information is a fundamental component of access to justice… It involves transforming formalized legal documents into knowledge that is easily accessible and understandable to people without legal education» [13, p. 2]. This underscores the relevance of enhancing legal culture as a means of ensuring not only formal but also actual access to justice for citizens.
The study of international experience confirms that enhancing legal culture is one of the key mechanisms for ensuring effective access to justice. In particular, the practice of the Council of Europe repeatedly emphasizes that a high level of legal awareness among the population directly affects individuals’ ability to exercise and defend their rights through legal means. The Council of Europe’s Action Plan for Human Rights and Democracy (2022-2025) highlights the necessity of systematic legal education, especially for vulnerable groups, as a means of ensuring fair, equal, and comprehensive access to justice [14].
UNESCO’s recommendations, particularly within the framework of the World Programme for Human Rights Education, also emphasize the importance of legal education as a factor in shaping civic awareness and a culture of human rights. The organization defines legal education as a tool that promotes respect for human rights, tolerance, social responsibility, and the capacity to participate in public life based on the principles of the rule of law [15].
International practice demonstrates that without an adequate level of legal culture, even the most advanced legal mechanisms for ensuring access to justice remain largely ineffective. This is why leading international institutions associate the enhancement of legal culture with the realization of fundamental rights and freedoms, as well as with the development of the rule of law. Thus, improving legal culture is not only a prerequisite for effective access to justice, but also a means of strengthening the rule of law, an instrument of social oversight, and a guarantee of sustainable democratic development. The development of legal culture must take place at all levels - from school education to postgraduate training of judges and law enforcement officers, from the media to the institutions of advocacy and notariate. At the center of this process must be the citizen - as the bearer, the beneficiary, and the creator of legal culture.
As a result of the conducted research, the following conclusions can be drawn:
1. Legal culture is a key factor in the effective functioning of the judiciary and the realization of the right of access to justice.
2. A low level of legal culture hinders the exercise of rights even when formal legal guarantees are in place.
3. Enhancing legal culture is possible only under the condition of inter-institutional cooperation among educational, human rights, and informational sectors.
4. Systematic legal education, accessibility of legal knowledge, and the development of civic engagement are effective tools for ensuring access to justice.
5. The formation of legal culture is not a one-time initiative but a long-term process that requires comprehensive support from both the state and civil society.
In conclusion, legal culture constitutes a form of social capital without which the full functioning of a rule-of-law state-where every individual possesses not only formal but also substantive guarantees of fair judicial protection-is inconceivable. Thus, legal culture serves not only as a prerequisite for effective access to justice but also as a decisive factor in the legitimacy of the judiciary in the eyes of society. An individual’s ability to understand and exercise their rights depends on the level of acquired legal knowledge, established legal orientations, communication skills, and the degree of trust in judicial institutions.
Consequently, enhancing legal culture must become one of the strategic priorities of Ukraine’s national legal policy. Achieving this goal is possible only through interdisciplinary cooperation among state institutions, the educational system, civil society, and the media, which together contribute to the formation of citizens’ legal consciousness as the foundational basis of a democratic rule-of-law state.
References:
1. Kryvytskyi Y.V. The Influence of Legal Culture on the Effectiveness of Legal Reform Implementation // Kyiv University of Law Journal. - 2023. - № 2. - P. 22-27.
2. Balatska O.R. The Right of Access to Court in the European Human Rights Protection System // Law and Society. - 2022. - № 4. - P. 444-451.
3. Haran O.V. The Quintessence of Understanding the «Right to Judicial Protection» // Legal State. - 2021. - №
41. - P. 9-15.
4. Kozakevych O.M. Ensuring Access to Justice in Transitional Conditions: Doctoral dissertation in philosophy. - Odesa: Odesa Law Academy, 2021. - 220 p.
5. Kolych O. Social Effectiveness of Justice and Ways to Improve It // Bulletin of the National University «Lviv Polytechnic». Series: «Legal Sciences». - 2022. - № 3(35). - P. 66-73.
6. Access to Justice in the Context of Sustainable Development: collective monograph / ed. by Y. Prytyka, І. Izyurova. - Kyiv: Vydavnytstvo «Dakor», 2021. - 478 p.
7. Sverba Y.І. Some Approaches to Defining the Concept of «Access to Justice» // Almanac of Law. - 2020. - Issue 11. - P. 208-213.
8. Knyhnytskyi M.M. Formation of Legal Culture of Law Enforcement Subjects in Ukraine // KELM (Knowledge, Education, Law, Management). - 2022. - № 3(47). - P. 373-377.
9. Savchyn M.V., Zavidniak A., Olashyn V.V. Direct Effect of the Constitution of Ukraine in Focus: Access to Justice and Judicial Control over the Enforcement of Court Decisions // Scientific Bulletin of Uzhhorod University. Series: Law. - 2022. - Issue 70. - P. 146-155.
10. Polishchuk T.S. Theoretical and Legal Analysis of the Current State of Legal Culture in Ukraine // Scientific Notes of V.І. Vernadsky Taurida National University. - 2023. - Issue 6 (Vol. 34(73)). - P. 230-234.
11. Kelbia S.H. Access to Justice as an Element of the Rule of Law in a Modern Democratic State // Scientific Bulletin of Uzhhorod University. Series: Law. - 2024. - № 83. - P. 59-64.
12. Lima V., Gomez M. Access to Justice and Social Rights in Latin America: The Case of Brazil // Latin American Policy. - 2019. - Vol. 10, № 1. - P. 118-134.
13Yuan M., Zhang X., Cao J., Yang Y., Zhu L., Yu K. Improving Access to Justice through Legal Knowledge Discovery and Analysis // Data & Knowledge Engineering. - 2025. - Vol. 146. - Article ID: 102152. - P. 1-12.
14. Council of Europe. Council of Europe Action Plan on Human Rights and Democracy 2022-2025: Protecting Human Rights, Supporting Democracy, Ensuring the Rule of Law. - Strasbourg: Council of Europe, 2022.
15. UNESCO. World Programme for Human Rights Education: Phase III (2015-2019): Implementation Guidelines [Electronic resource]. - Paris: UNESCO, 2015.
Candidate of Law, Associate Professor,
Associate Professor of the Department of Civil Law Disciplines of Faculty of Economics and Law of
Odessa I. І. Mechnikov National
University
«THE PECULIARITIES OF THE CONCLUSION OF CONTRACTS WITH LAWYERS IN CIVIL PROCESS OF UKRAINE»
Abstract.There are defined the peculiarities of conclusion of contracts with lawyers in civil process of Ukraine. There are examined the main laws that regulate the features of conclusion of contracts with lawyers in civil process of Ukraine. There are noted the provisions about using of QEP by lawyers. Also, there are paid attention on specific features of electronic contracts between clients and lawyers. They are considered the provisions of the Civil Procedure Code of Ukraine, that expressly provides for the possibility of representation on the basis of an agreement on the provision of legal assistance, including an agreement concluded in electronic form in compliance with the legislation on electronic commerce and electronic trust services. There are made a conclusion about specifics of conclusion of electronic contracts between clients and lawyers.
Key words: electronic contract, conclusion, lawyer, client, QES, civil process.
The Law of Ukraine «On Electronic Commerce» defines the procedure for concluding and executing electronic contracts.
According to Article 5 of the defined law, a transaction concluded in electronic form is considered concluded in writing form [1].
An electronic contract must contain the mandatory transaction details stipulated by law for the relevant type of transaction, as well as data allowing the identification of the party to the transaction [1].
An electronic contract is considered concluded from the moment the person who sent the proposal (offer) receives a response on the acceptance of this proposal (acceptance) [1].
According to Article 6 of the defined law, an electronic contract is considered to be concluded in writing if it is signed by the parties with an electronic signature [1].
If the law establishes the need for notarization of the transaction, the electronic contract is subject to notarization in the manner established by law [1].
Data created, transmitted, received and stored using electronic means of communication are admissible evidence of the conclusion of the contract [1].
In the Article 11 is established, that an agreement in electronic form is considered concluded from the moment the person who sent the proposal to conclude the agreement (offer) receives a response on the acceptance of this proposal (acceptance). The moment of conclusion of the agreement may be different if this is provided for by the agreement or the law.
Electronic commerce entities are required to use identification means that allow their identity to be established (including by means of an electronic signature) [1, Art. 7].
Thus, it can be concluded that an electronic contract is a contract concluded using electronic means of communication (e.g.: e-mail, instant messengers, document management platforms), where the expression of the parties' will is recorded in electronic form.
The electronic form of a contract is equivalent to a written form if it is signed with an electronic signature (a qualified electronic signature (QES) is required in civil and procedural relations); the contract does not require mandatory notarization or conclusion exclusively on paper.
The contract is concluded by exchanging electronic documents or confirming the offer with acceptance in electronic form (for example, acceptance of a lawyer's offer can be confirmed by sending a document signed with a QES).
The moment of conclusion of the contract is determined by the moment of receipt of the acceptance of the offer by the other party.
Proof of conclusion of the contract is the storage of the electronic document and confirmation of its authenticity using an EDS/QES and data on the time of signing.
Dwelling on the specifics of concluding an agreement in electronic form between a lawyer and a client, the following provisions should be noted. The lawyer and the client must use a QES so that the electronic agreement is proper evidence in court. The courts of Ukraine recognize electronic agreements and documents provided that their authenticity and integrity can be verified using a QES. The Law of Ukraine «On Advocacy and Advocacy Activity» regulates the procedure for providing legal assistance by lawyers, including the terms of concluding an agreement [3]. We propose to consider the main provisions that relate to the agreement on the provision of legal
assistance, including the possibility of concluding it in electronic form.
According to Article 26 of the said Law, legal relations between a lawyer and a client arise on the basis of a contract for the provision of legal assistance [3].
The contract is concluded in writing form between a lawyer (law firm, law association) and a client [3].
The contract certifies the lawyer's authority to provide legal assistance and is the basis for representing the client's interests [3].
Article 27 of the same law states that the attorney's authority to provide representation is confirmed by: a contract for the provision of legal assistance; an order issued on the basis of such a contract [3].
An electronic contract may be used to issue an order and confirm authority in court, subject to compliance with the law (electronic signature) [3].
Thus the law does not prohibit the conclusion of an agreement on the provision of legal assistance in electronic form if: it complies with the requirements of the Civil Code of Ukraine (the written form of the transaction may be electronic); it is signed by a qualified electronic signature (QES) of the parties (this is confirmed by practice and clarifications of the courts); it contains all the mandatory details provided for by the Law on Advocacy and civil legislation.
The Civil Procedure Code of Ukraine provides for the possibility of representing the interests of persons on the basis of an agreement.
The parties and other participants in the case may conduct their cases in court in person or through a representative.
According to Article 60, a representative in court may be: a lawyer, another specialist in the field of law (in cases stipulated by law) [2].
Article 62 stipulates that the powers of a representative are confirmed by: a power of attorney, an agreement on the provision of legal assistance (for a lawyer), an order issued on the basis of an agreement [2].
A lawyer carries out representation on the basis of an agreement and an order issued in the manner established by the Law of Ukraine «On Advocacy and Advocacy Activity».
According to the Art. 100 of the Civil Procedure Code of Ukraine, electronic evidence shall be submitted in the original or in an electronic copy, on which a qualified electronic signature is affixed in accordance with the requirements of the laws of Ukraine «On Electronic Documents and Electronic Document Management» and «On Electronic Identification and Electronic Trust Services». The law may provide for a different procedure for certifying an electronic copy of electronic evidence [2].
Thus, the Civil Procedure Code of Ukraine expressly provides for the possibility of representation on the basis of an agreement on the provision of legal assistance, including an agreement concluded in electronic form in compliance with the legislation on electronic commerce and electronic trust services.
The Law of Ukraine «On Electronic Identification and Trust Services regulates the use of electronic signatures, including qualified electronic signatures (QES), by lawyers and other entities. According to Article 3, a qualified electronic signature (QES) is an advanced electronic signature created using a qualified electronic signature creation tool and based on a qualified public
key certificate [4].
According to Article 18, a qualified electronic signature is legally equivalent to a handwritten signature (handwritten signing of a document on paper). A document signed with a QES is recognized as equivalent to a document on paper with a signature of a person, unless otherwise established by law [4].
According to Article 12, the electronic signature is used to: confirm the identity of the signatory; confirm the integrity and authenticity of the electronic document [4].
An electronic document signed with an electronic signature must be accepted as valid by government bodies, courts, local government bodies and other entities [4].
Thus, the lawyer's CEP is used to sign an electronic agreement on the provision of legal assistance, an order, procedural documents.
The court is obliged to accept documents signed by the CEP as valid (for example, an agreement with a client, a power of attorney).
The CEP guarantees that the electronic agreement has the same legal force as a paper one with a signature.
Thus, the following conclusions can be drawn. The law provides a legal basis for the use of electronic signatures by lawyers when concluding contracts and performing professional duties electronically. For the court, an agreement signed with an electronic signature is proper evidence of the lawyer's authority.
An agreement on the provision of legal assistance may be concluded in electronic form if: it is signed by both parties with an electronic signature; it contains all the necessary details; it is stored and used in a manner that ensures its authenticity and immutability.
References:
1. On Electronic Commerce: The Law of Ukraine of September 3, 2015 No. 675-VIII [Electronic resource]. - Available at: https://zakon.rada.gov.ua/laws/show/675-19#Text
2. The Civil Procedure Code of Ukraine: The Law of Ukraine of March 18, 2004 No. 1618-IV [Electronic resource]. - Available at: https://zakon.rada.gov.ua/laws/show/1618-15#Text
3. On Advocacy and Advocacy Activity: The Law of Ukraine of July 5, 2012 No. 5076-VI [Electronic resource]. - Available at: https://zakon.rada.gov.ua/laws/show/5076-17
4. On Electronic Identification and Trust Services: The Law of Ukraine of October 10, 2017 No. 2155-VIII [Electronic resource]. - Available at: https://zakon.rada.gov.ua/laws/show/2155-19#Text
PhD in Law, Associate Professor of the Department of
Health Care Management, Odessa National Medical University
Abstract. This paper examines the role of professional organizations in the legal regulation of psychological assistance through a comparative analysis of the European Union and Ukraine. It highlights how professional associations contribute to setting ethical standards, accrediting practitioners, supporting continuous professional development, and influencing legislation. While EU organizations such as EFPA play a recognized role in co-regulation with the state, Ukrainian associations are still developing their institutional capacity and legal recognition. The study concludes that co-regulation, combining state authority with professional expertise, offers the most effective framework for ensuring quality psychological services and client protection.
Keywords: professional organizations, psychological assistance, legal regulation, co-regulation, Ukraine-EU comparison.
The Role of Professional Organizations in the Legal Regulation of Psychological Assistance: A Comparative Study
The provision of psychological assistance is becoming an essential part of healthcare and social support systems worldwide. Legal regulation in this field aims not only to ensure professional standards but also to protect the rights of clients and patients. While legislation provides the general framework, professional organizations play a pivotal role in setting ethical standards, accrediting specialists, and monitoring compliance. This paper explores the comparative role of professional associations in Europe and Ukraine, focusing on how they influence legal regulation and the quality of psychological services.
Professional organizations function as intermediaries between state regulation and professional practice. Their primary contributions include:
- establishing codes of ethics that guide psychologists in complex situations beyond statutory law;
- maintaining registers of practitioners to ensure professional accountability and protect clients from unqualified providers.
- supporting continuous professional development by setting requirements for lifelong learning;
- participating in legislative processes through expert opinions, advocacy, and drafting proposals.
In the European Union, organizations such as the European Federation of Psychologists’ Associations (EFPA) actively shape cross-border standards and align national regulations with EU frameworks. In Ukraine, the National Psychological Association (NPA) and other professional unions engage in similar processes, though their influence on legislation is still evolving.
Comparative Perspective: EU and Ukraine
1. In European Union professional organizations cooperate with EU institutions in drafting directives and recommendations (e.g., EFPA’s EuroPsy certification scheme sets a unified European benchmark). They contribute to the harmonization of psychological assistance standards with human rights instruments, such as the European Convention on Human Rights (ECHR). Organizations often act as self-regulatory bodies, supplementing state control.
2. Ukraine is in the process of aligning its legislation with European standards, particularly under the Association Agreement with the EU. Professional associations provide expertise in drafting laws, such as the Law of Ukraine «On the System of Mental Health Care in Ukraine» (Adopted: January 15, 2025; No. 4223- IX). The main challenges include fragmentation of the professional community, insufficient legal recognition of ethical codes, and limited enforcement mechanisms.
3. Key Differences are: in the EU, professional organizations have stronger institutional capacities and recognition within legal systems. In Ukraine, professional organizations still face the task of consolidating influence and achieving recognition as partners in co-regulation.
EuroPsy Model (EU) demonstrates how professional accreditation can supplement national licensing systems, ensuring mobility of psychologists and common quality standards. Professional organizations in Ukraine provide training and peer review but lack the binding power to enforce sanctions for ethical violations. This reduces their effectiveness as co-regulators.