Актуальні питання адвокатської етики та відповідальності за її порушення
Topical issues of legal ethics and responsibility for its violation
Author(s): T. O. BarabashSubject(s): Law and Transitional Justice, Ethics / Practical Philosophy
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: attorney; attorney ethics; rules of attorney ethics; principles of advocacy ethics; responsibility for violations of advocacy ethics; deontological standards;
Summary/Abstract: The article examines the activity of the advocacy as a non-governmental, self-governing institute, the peculiarities of providing services of a representative nature, and the protection of individuals and legal entities. It is proved that due to the specifics of the activity, lawyers must adhere to certain rules of lawyer's ethics, which can be considered as one of the main professional duties. The domestic and foreign legislation regulating advocacy is analyzed, and the principles of lawyer's ethics, the main works of scientists dealing with ethics of the advocate are researched. The proposals on amendments and additions to the current legislation regulating advocacy activity are provided. The paper also focuses on the issue of liability for violation of lawyer's ethics.It is proved that in the conditions of Ukraine's desire to become a full member of the European Union, it is necessary to strive for the approximation of domestic legislation to the legislation of the European UnionIt is worthwhile to make changes to the current legislation, based on the fact that the term "client" used to designate one of the subjects of the legal relationship is not very sonorous, is widely used in other relationships (in a completely different sense) and does not meet the norms ethics.
Journal: Проблеми законності
- Issue Year: 2019
- Issue No: 145
- Page Range: 205-214
- Page Count: 10
- Language: Ukrainian