ЕТИЧНІ ТА ПРАВОВІ АСПЕКТИ ВІДПОВІДАЛЬНОСТІ АДВОКАТА В ЦИВІЛЬНОМУ СУДОЧИНСТВІ: АКТУАЛЬНІ ПРОБЛЕМИ ДИСЦИПЛІНАРНОЇ, ЦИВІЛЬНОЇ ТА КОНСТИТУЦІЙНОЇ ВІДПОВІДАЛЬНОСТІ

Abstract

The institution of representation is central in civil procedural law and is an important mechanism for ensuring constitutional guarantees, namely the protection of the rights and legitimate interests of subjects involved in the field of civil justice, which leads to its wide application in practice and considerable attention in the scientific community. However, the problem of liability of a court representative for non-fulfillment or improper fulfillment of his duties to the client, the state and society as a whole is not without theoretical gaps, imperfection of legal regulation and practical implementation difficulties. The goal of our research was a comprehensive analysis of the main types of responsibility of a lawyer as a representative in civil proceedings, with an emphasis on disciplinary, civil and constitutional responsibility, identification of problems of their legal regulation and practical application, and formulation of own proposals aimed at improving law-making and law-enforcement practice in this area. The research methodology consisted of a complex of general philosophical, general scientific and special methods of scientific knowledge. With the help of the dialectical method, the problems of the lawyer's responsibility were investigated in all their complexity and contradictions, and the ways of their solution were determined; the comparative legal method ensured the comparison of domestic legislation with the legislation of foreign countries; the application of the logical-legal method contributed to the analysis of legal norms, the clarification of the content of legal concepts within the scope of the studied issues and the formulation of their definitions; the historical-legal method was used primarily to demonstrate the ideological origins of the understanding of the principles of the lawyer's responsibility; the method of theoretical modeling made it possible to determine the main vectors of improvement of the current domestic legislation. Practical implications. Solving the current problems of the lawyer's responsibility as a representative in civil proceedings will ensure the improvement of law enforcement practice, which in turn will contribute to strengthening the guarantees of judicial protection of the rights of subjects and improving the quality of Ukrainian justice. Value/originality. The conducted comprehensive study of the disciplinary, civil and constitutional responsibility of the lawyer as a representative in civil proceedings ensured the formulation of relevant and timely conclusions, which provide for the definition of important theoretical categories ("representation", "representative", "responsibility", "disciplinary responsibility", "civil responsibility", "constitutional responsibility", "positive responsibility", "negative responsibility", etc.) and the formulation of a number of proposals aimed at improving the current legislation, in particular regarding the need to expand the established list of disciplinary offenses of lawyers and specify the sanction depending on the specific violations committed by us; the introduction of a standard contract for the provision of legal services, in which, among the essential conditions, provisions regarding the civil and criminal liability of the lawyer are to be provided, solving the issue of compensation for moral damage to the client, as well as establishing the institution of civil and criminal liability independent attorney; the need to adopt a single codified act dedicated to the regulation of constitutional and legal responsibility, including defining the position of lawyers in it.