DISCIPLINARY RESPONSIBILITY OF A LAWYER AS ONE OF THE FACTORS OF JUSTICE REFORM IN UKRAINE

Abstract

The article is devoted to the institution of disciplinary responsibility of a lawyer, which is one of the key mechanisms for ensuring compliance with the standards of professional activity, lawyer ethics and the principles of the rule of law. The effective functioning of this institution is of fundamental importance both for the protection of human rights and freedoms, and for maintaining public trust in the bar as an independent legal institution. At the same time, the practice of applying disciplinary responsibility of lawyers in Ukraine shows the presence of a number of problems of a theoretical and practical nature. This, in turn, can lead to unjustified interference in the independence of the legal profession, as well as to the avoidance of responsibility for real violations. The article focuses on the problem of ensuring a balance between the lawyer's independence and the need for his accountability to the professional community. Disciplinary proceedings should not be turned into an instrument of pressure on the lawyer by the self-governing bodies of the bar, state bodies or other interested parties. At the same time, the lack of effective mechanisms for responding to violations of professional duties negatively affects the authority of the bar. In connection with the above study of the problems of disciplinary responsibility of the lawyer, the determination of ways to improve the normative regulation and the practice of its application is relevant and necessary for the further development of the legal profession in Ukraine and ensuring high standards of the legal profession. Based on the results of the research, the author concluded that in view of the existing problems, a comprehensive reform of the disciplinary institute of advocacy is necessary, in particular: to make changes to the Law of Ukraine «On the Bar and Practice of Law», providing for: legislative definition of the concept of a lawyer's disciplinary offense; a clear list of entities that can file complaints; establishing requirements for the motivation of disciplinary decisions; guarantees of openness and publicity of consideration of disciplinary cases; to update the Rules of Advocate Ethics, harmonizing them with European standards of freedom of expression of advocates' views; create a public electronic register of disciplinary decisions to ensure transparency of practice and strengthen public trust; to re-elect the bodies of bar self-government (Qualification and Disciplinary Commission of the Bar, Higher Qualification and Disciplinary Commission of the Bar) in accordance with the requirements of the current legislation, which will increase their legitimacy. The above, in the opinion of the author of the article, will significantly strengthen the functioning of the institution of disciplinary responsibility of lawyers by establishing transparent, effective and fair disciplinary procedures.