ENSURING THE IMPLEMENTATION OF PROFESSIONAL LIABILITY INSURANCE STANDARDS AND SPECIALIZATION OF LAWYERS: A COMPARATIVE LEGAL ASPECT

Abstract

The article analyzes the implementation at national and European levels of two of the main standards of advocacy – professional liability insurance and specialization. National legislation is being analyzed, which sets out provisions on professional liability insurance and the specialization of lawyers. The imperfection of the national legislation in this field and the non-compliance with the European standards are proved. In particular, the Law of Ukraine "On Insurance" is analyzed, the Draft Law on Amendments to Certain Laws of Ukraine (concerning compulsory insurance of the professional liability of a lawyer), the Regulations on the organization and training for obtaining a certificate of the right to practice as a lawyer, Procedure for training of lawyers. There is a need to introduce the specialization of lawyers in certain areas of law, as has been done in other countries. It is suggested that the duties of lawyers of Ukraine include the conclusion of an insurance contract of professional property liability risk in connection with the exercise of his lawyer's activity and storage in force of such an insurance contract during the period of attorney's activity, since the domestic law does not contain rules that would regulate professional liability insurance . At present, the professional liability insurance of a lawyer in Ukraine is voluntary. It is suggested that the National Bar Association of Ukraine should develop a provision that would regulate the specialization of lawyers at the national level, because at the present stage the specialization as a standard of advocacy in Ukraine is not regulated either at the level of legislative or by-laws. Few documents mention this standard.