Abstract
The purpose of this study is to reveal the peculiarities of disciplinary responsibility of lawyers for violation of the Rules on Advocates Ethics. This requires clarification of the grounds for bringing a lawyer to disciplinary responsibility, the improvement of the rules of disciplinary proceedings against a lawyer, and the differentiation of the types of sanctions that can be applied to a lawyer. The article uses such methods of research as: comparison and generalization – to disclose the changes made in the new edition of the Rules of lawyer ethics, analysis and synthesis, induction and deduction. The result of the study is the disclosure of peculiarities of bringing to disciplinary responsibility both Ukrainian and foreign lawyers. The new edition of the Rules on Advocates Ethics has been analysed in the context of a comparison with the previous edition and proposals have been made to improve the current provisions of the new edition of the Rules on Advocates Ethics regarding the criteria of evaluation of ethical aspects of advocate's conduct in disciplinary proceedings of qualification and disciplinary commissions of the Bar; the need to returnsome important provisions to the principle of independence and freedom of advocacy in carrying out their activities was outlined. It has been substantiated that it is inappropriate to establish a special procedure for bringing advocates to disciplinary responsibility in case they violate the Rules of Advocates Ethics. In the conclusions, it should be noted that the rules of Rules of Advocates Ethics should not duplicate the procedural rules of the Law and the Regulation on the procedure for acceptance and consideration of complaints about improper conduct of an advocate, which may entail his disciplinary responsibility. Keywords: rules of advocate's ethics, disciplinary responsibility of an advocate, grounds for disciplinary responsibility of an advocate, disciplinary penalties.
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More From: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies
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