Kuzheliev О. M.

Kuzheliev О. M. The genesis of the institution of providing legal services (from the appearance of the first states to the Middle Ages)


The history of the formation of the legal service can be divided into two stages: informal and official. The “official” stage of the formation of the institution of legal services is associated with the formation of the constitutional system, the legal state, the emergence of normative legal acts and the first constitutions. The “unofficial” stage of the formation of the legal services institution began with the advent of the primitive communal system.
Propaganda appears at the early, simplest stages of the legal development of mankind, when custom was the main regulator of relations between people. At the beginning of the historical development and the emergence of the first states, the role of human rights defenders was performed by relatives or neighbours.
In Ancient Greece, legal services were provided by writing sentences to protect rights in court. This involved lotographers and dicographers.
Provision of legal services in the ancient Roman society was related to the protection of the rights of individuals in the field of civil and criminal law. In ancient Rome, the first legal advisers appeared. Their activities included the provision of legal advice (respondere) and the conclusion of treaties, wills, and lawsuits (cavere). The legal advisers were patricians, their work was rewarded with voluntary gifts (honorarium), highly valued and honored. With the advent of written law, there was a need for the interpretation of laws, so the leading Roman lawyers began to interpret the rules of law. Also, the first defenders of rights in the courts began to appear (in Ancient Rome – cartridges, in medieval France – prosecutors, lawyers) and representatives of the person (in ancient Rome – cognizators, procurators, in medieval France – confidants).
It was in ancient Rome that the following types of legal services appeared: counseling, interpretation of laws, protection of interests in court and representation. Later the same kinds of legal services were also distributed in feudal Europe, their provision was gradually improved.


Key words: legal services, genesis, patronage, confidants, advocates.

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