THE LAWYER’S RIGHT TO FREEDOM OF EXPRESSION IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 51)Publication Date: 2022-06-15
Authors : Davydenko Svitlana;
Page : 62-70
Keywords : lawyer; right to freedom of expression; European Court of Human Rights;
Abstract
The article considers some issues of normative regulation of lawyers' right to freedom of expression in correlation with the right to respect for private life in the context of potential harmonization of domestic legislation with European standards in the field of human rights and freedoms, which indicates the relevance of this study. The presented scientific work analyzes in detail the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, relevant international documents, as well as the case law of the European Court of Human Rights on this topic. Based on a thorough study of the current legislation of Ukraine and existing case law, the exceptional role of lawyers and their professional associations in the administration of justice has been clarified. An integral part of the article is a general description of the rights and responsibilities of lawyers, guarantees of their activities, with a strong emphasis on the constitutional right of a person to freedom of expression in various spheres of life and a specific algorithm for its implementation. In the course of scientific research, the need to strictly follow the special procedure for bringing a lawyer to disciplinary responsibility for violating the oath of a lawyer of Ukraine and the rules of lawyer's ethics has been repeatedly emphasized. The proposals formulated in the article are aimed at further improving the outlined provisions of the current thematic legislation of Ukraine in terms of regulation of the convention rights of members of the legal community to freedom of expression and respect for privacy in their professional duties in various categories of justice. Substantiated recommendations are provided on the optimal application of certain provisions of national legislation, which indicate the practical significance of the results of the study.
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