FEATURES OF THE RESPONSIBILITY OF THE LAWYER FOR CONTEMPT OF COURT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 26)Publication Date: 2020-04-30
Authors : Zaiats Olha; Konovalova Nadiia;
Page : 53-59
Keywords : contempt of court; judge; lawyer; legal liability; fine; administrative arrest; qualification and disciplinary commission;
Abstract
The article reveals the features of the lawyer's responsibility for contempt of court, provided for by the Rules of the Lawyer Ethics, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine, the Commercial Procedural Code of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», the Constitution of Ukraine, the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Decree of the Supreme Court of Ukraine «On the Independence of the Judiciary». It was established that a lawyer must comply with the requirements stipulated by the Rules of the lawyer ethics and not show disrespect for the court or behave incorrectly and unworthily during a court session. It was established that a lawyer must comply with the requirements stipulated by the Rules of the Lawyer Ethics and not show disrespect for the court or behave incorrectly and unworthily during a court session. According to the results of the analysis of Ukrainian legislation, it was found that there is no clear definition of the concept of «contempt of court», the essence of which is partially disclosed in the framework of a specific court session or consideration of a specific legal case. It is determined that the legislation of Ukraine provides for a number of key aspects on holding a lawyer accountable for contempt of court. It was found that disrespect for the court is expressed in: 1) the commission of unlawful acts in the courtroom; 2) non-compliance and non-compliance with the orders of the chairman of court; 3) neglect of the independence of the judge; 4) obstruction of the administration of justice. It has been established that for contempt of court, the guilty persons, including the lawyer, are subject to legal liability, which, depending on the gravity of the crime, takes the following forms: 1) fine; 2) correctional work; 3) administrative arrest; 4) disciplinary measures designed by the qualification and disciplinary commission after the court appeals. It is indicated that contempt of court undermines the dignity and honor of participants in the trial, and thereby reduces the authority of the court.
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