LEGAL REGULATION OF DISCIPLINARY RESPONSIBILITY OF LAWYERS IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 17)Publication Date: 2019-05-31
Authors : Antoniuk Sviatoslav;
Page : 46-55
Keywords : lawyer; advocacy; disciplinary responsibility; standards of the legal profession;
Abstract
The article deals with the peculiarities of legal regulation of disciplinary responsibility of lawyers in Ukraine in the context of European integration,, in particular, the following aspects are analyzed: 1) the essence, and the procedure for initiating the issue of the disciplinary responsibility of a lawyer in Ukraine; 2) the theoretical approaches and norms of Ukrainian legislation regarding disciplinary misconduct as grounds for bringing a lawyer to disciplinary responsibility; 3) a list of disciplinary penalties and disciplinary proceedings against lawyers. It is substantiated that compliance with the current legislation of Ukraine in the exercise of the representation of human and civil rights and freedoms is not only a legal but also a moral duty of a lawyer arising from the requirements of lawyer's ethics. The basic principles of lawyer's ethics are presented in accordance with the Rules of Advocate's Ethics, approved by the Reporting and Election Congress of Lawyers of Ukraine 09.09.2017. On the basis of analysis of the provisions of the Law of Ukraine «On Advocacy and the Lawyer's Activities» (through the prism of the standards of the legal profession in accordance with international regulations), are considered the peculiarities of the professional activity of lawyers of Ukraine and foreign states on the territory of Ukraine. The article analyzes the international legal standards and norms, which covered the issues of regulating the system of professional activity of lawyers and legal assistance. The essence and the key aspects of attracting resident lawyers and non-resident lawyers to disciplinary responsibility in Ukraine are revealed.
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