Суд і адвокат в Україні: реалії сьогодення та проблеми етики взаємовідносин
The Court and the Lawyer in Ukraine: the Realities of Today and the Problems of Ethics of Relationship

Summary/Abstract: The article studies the existing problems of ethics in relationship (problem aspects of interaction and cooperation) between a lawyer and a court in Ukraine, based on the present-day realities, namely: 1) the essence of the relationship ”court – lawyer” in Ukraine is disclosed; 2) the norms of Ukrainian legislation, governing the issues of relationship (interaction and cooperation) between a lawyer and a court are analyzed; 3) the practical aspects of the relationship between a lawyer and a court are studied in order to identify the cases of inadmissible behavior of lawyers, as well as the court, in the process of administering justice in Ukraine. The conclusions are formulated and recommendations of a theoretical and practical nature are proposed, in particular the following: 1. The lawyer and the judge, in accordance with the Constitution of Ukraine, have the constitutional obligation to protect the rights, freedoms and interests of citizens as a person and as a citizen. The Ukrainian legislator carries out the legal regulation of the relationship ”court – lawyer”, primarily based on the need to observe the principle of mutual respect between the court and the lawyer. Such an approach fully corresponds to international legal (European) standards of professional activity of both the court and lawyers, in particular in civil legal proceedings of Ukraine. 2. Today, in Ukraine (based on the statistical data of the Center for Political and Legal Reforms), there are cases of inadmissible (unacceptable) behavior, of both judges and lawyers in legal proceedings. Manifestations of inadmissible conduct in the relationship ”court – lawyer” are mostly (most often) carried out by the court, which, in particular, during the court sessions do not always adhere to the principle of equality of participants in the process. 3. Based on the analysis of the dynamics of the number of crimes committed against lawyers in Ukraine (based on the materials of the National Association of Advocates of Ukraine) during 2013-2018 (under Articles 397-400 of the Criminal Code of Ukraine), it can be argued that there is a tendency to increase the number of cases concerning violation of the professional rights of lawyers and guarantees of advocacy in Ukraine, especially when considering and resolving civil cases. 4. In order to increase the professional level of the lawyer’s activity, it is necessary (on the basis of international legal standards of advocacy): 1) to ensure adequate protection of the professional rights of lawyers in Ukraine (as a necessary condition for advocacy); 2) to increase the level of responsibility of the lawyer to the client, for non-compliance with the rules of lawyer’s ethics, etc. The presented aspects are the basis for improving the professional activity of a lawyer in the civil legal process of Ukraine.

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