Ототожнення адвоката з клієнтом як порушення прав та гарантій адвокатської діяльності

Abstract

The article is devoted to highlighting one of the actual problems of identifying a lawyer with a client. The European direction of the development of Ukraine as a legal state actualizes the problems of guaranteeing the rights and freedoms of the participants in the judicial process, as well as their effective protection against socially dangerous encroachments. A bar exists to provide professional legal assistance in Ukraine. The principles of the organization of advocacy activities and the implementation of advocacy activities in Ukraine are determined by the Law "On Advocacy and Advocacy Activities", decisions of the National Association of Advocates of Ukraine, the rules of advocacy ethics, etc. At the same time, the organization of the high-quality work of the bar and the implementation of the principle of competitive justice requires the mandatory provision of real security guarantees for defenders or representatives of persons. The state has a duty to ensure that lawyers are not identified with their clients or with the motives of their clients' actions as a result of their professional duties. Lawyers can be identified with clients because they are accused of serious crimes, because they receive confidential information, or because they defend their clients. This often happens in high-profile or politically motivated cases, including those involving accusations of treason or terrorism in connection with the armed conflict in eastern Ukraine. Lawyers continue to be identified with their clients and face negative consequences not only at the hands of violent, extremist and radical groups, but also as a result of the abuse of legal procedures against them. Under no circumstances should attorneys identify with their clients or their clients' motives for acting as a result of representing clients, including those whose political beliefs are contrary to the official position of the government.