Bar self-government in Ukraine and its development

Abstract

The article is devoted to the analysis of the historical development of legislation on advocacy, its organizational structure, in particular, advocacy self-governance, the requirements imposed on the advocate in the comparative aspect of Art. 2 of the Law of Ukraine «On Advocacy» and part 2 of Art. 6 of the Law «On Advocacy and Advocacy Activities». The issue of the role of the legal profession and the individual lawyer in society is analyzed. It is well-founded that the self-government of the bar should provide lawyers with a system of guarantees that will allow them to work competently and legally, to perform their functions properly and impartially. Therefore, the internal organizational structure of the bar must be perceived in the context of the functions performed by the bar self-government, and this is the business of the lawyers themselves. It is proposed to create a special arbitration court of advocates, with appropriate powers to consider appeals by persons and advocates for offenses that took place in the activities of the advocate, his powers and methods of their implementation. it is expedient to introduce the arbitration court of advocates instead of disciplinary chambers of qualification and disciplinary commissions of the bar and The Higher Qualification and Disciplinary Commission of the Bar with the transfer of powers to such a court not only regarding the application of appropriate disciplinary sanctions to lawyers, but also the resolution of other disputed issues and compensation for the damage caused, which will require amendments to the Law. In another way of introducing an arbitration court of lawyers, it is proposed, along with the relevant commissions, to make changes to the Statute of the National Association of Lawyers of Ukraine (hereinafter – NAAU) also on the authority of the court to apply appropriate sanctions to lawyers and establish other duties of a lawyer, and the right to choose the body to which a specific person, leave for the complainant. The structure of NAAU was analyzed and an opinion was expressed about the expediency of the existence of certain committees in it. There is a well-founded opinion about the need to carry out relevant reforms in the bar in order to self-purify it, but it is better to initiate this process by the lawyers themselves.