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| Article title | Peculiarities of Advocates Liability for Violation of the Advocates Ethics Rules | ||
| Authors |
PhD in Law, Honoured Lawyer of Ukraine, Deputy Chairman of the Higher Qualification and Disciplinary Commission of the Bar (Kyiv, Ukraine) advokm@ukr.net)
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) | ||
| Issue | 12/2019 | ||
| Сторінки | [231-239] | ||
| DOI | https://doi.org/10.33498/louu-2019-12-231 | ||
| Annotation | Based on the analysis of modern national legislation in the field of advocacy and advocacy practice, and of its application, the author identifies the lines of disciplinary and other types of responsibility of advocates for violation of the advocates ethics rules and establishes the content and significance of the advocates ethics rules as social norms. In this context, the thesis reasoned that the professional ethics of a advocates occupies an intermediate position between morality and law, determines its special social nature. Considering the analysis of the consideration of disciplinary cases by the Higher Qualification and Disciplinary Commission of the Advocates and the Regions, it was concluded that the number of disciplinary proceedings against advocates is reduced, due to amendments to the relevant regulatory acts, increasing the level of professional awareness of advocates, the quality and content of the work of the relevant qualification and disciplinary commissions of the regions. The idea asserted that bringing a lawyer to disciplinary liability can be not only for acts in the course of the professional activity of an advocate. In this regard, it is proposed to determine the disciplinary liability of a lawyer as a special type of legal liability that applies to a advocates for committing a disciplinary offense, consisting in failure to perform or improper performance by a advocates of their professional duties, taking actions that reduce or may reduce the level of professional reputation and the authority of the advocate, and provides for the application of disciplinary measures established by law or by the standards of advocacy ethics in the manner provided for by that. The author emphasizes the usefulness of a clear distinction between violation of the advocates ethics rules and the terms of the contract with the client and the possibility of recognizing an act under a civil law contract as a violation of the rules of lawyer ethics. In this regard, arguments are presented in favour of the inadvisability at the present stage of development of national legislation to recognize legal aid contracts as civil law.
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| References |
Bibliography Translated books 1. Kant I, Krytyka praktychnoho rozumu [Critique of Practical Reason] (Burkovskyi I per, Yunivers Yunivers 2004) (in Ukrainian).
Journal articles 2. Bozhkov V, ‘Pidstavy prytiahnennia advokata do dystsyplinarnoi vidpovidalnosti’ [‘Grounds for Bringing a Lawyer to Disciplinary Action’] (2016) 22 Naukovyi visnyk mizhnarodnoho humanitarnoho universytetu. Seriia: “Iurysprudentsiia” 88 (in Ukrainian). 3. Vilchyk T, ‘Dystsyplinarna ta tsyvilno-pravova vidpovidalnist advokativ ’ [‘Disciplinary and Civil Liability of Lawyers’] (2015) 3 Informatsiia i pravo 117 (in Ukrainian). 4. Zaborovs’kyy V, ‘Dystsyplinarnyi prostupok yak pidstava dystsyplinarnoi vidpovidalnosti advokata’ [‘Disciplinary Offense as a Basis of Disciplinary Responsibility of a Lawyer’] [2015] 31(3) Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia: “Pravo” 116 (in Ukrainian). 5. Zaborovs’kyy V, ‘Dystsyplinarna vidpovidalnist advokata: poniattia ta vydy’ [‘Lawyer’s Disciplinary Responsibility: Concepts and Types’] (2014) 4 Porivnialno-analitychne pravo 103 (in Ukrainian). 6. Kosenko M, ‘Dosvid zarubizhnykh krain shchodo orhanizatsiino-pravovykh zasad diialnosti dystsyplinarnykh orhaniv advokatury’ [‘Experience of Foreign Countries on the Organizational and Legal Basis of the Activities of the Disciplinary Bodies of the Bar’] (2011) 2 Visnyk Akademii advokatury Ukrainy153 (in Ukrainian). 7. Kosenko M, ‘Uchastiye kvalifikatsionno-distsiplinarnoy komissii advokatury v obespechenii advokatskoy distsipliny v Ukraine’ [‘The Participation of the Qualification and Disciplinary Commission of the Bar in the Provision of Lawyer Discipline in Ukraine’] [2011] 9(261) Zakon i zhizn’ 67 (in Russian). 8. Kroford D, ‘Praktika strakhovaniya professional’noi otvetstvennosti advokatov v SSHA’ [‘US Lawyer Professional Liability Insurance Practice. Voronezh Lawyer’] 2005 (5) Voronezhskii advokat 7 (in Russian). 9. Shchukovskaya O, ‘Formy deyatel’nosti po okazaniyu yuridicheskikh uslug’ [‘Forms of Activities for the Provision of Legal Services’] (2001) 10 Advokat 64 (in Russian).
Blogs 10. Gvozdíy V, ‘Advokatskaya etika i sotsseti: nuzhno li uregulirovat’ vopros? [‘Lawyer Ethics and Social Networks: is it Necessary to Resolve the Issue?’] <https://jurliga. ligazakon.net/analitycs/145401_advokatskaya-etika-i-sotsseti-nuzhno-li-uregulirovatvopros> (accessed: 22.12.2019) (in Russian).
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