Some practical aspects of the implementation of the institute for advanced training of Ukrainian lawyers

Abstract

It is indicated that the procedure for improving the qualifications of lawyers provides for a rather voluminous list of possible types of raising their professional level, among which measures organized by the operators of improving the qualifications of lawyers occupy a decisive place, but also that a significant emphasis of such measures is aimed at ensuring the quality of their organization, in particular, by establishing essential professional, personal and ethical requirements for lecturers and their practical direction. This article is aimed at revealing some practical aspects of the mechanism of the lawyer’s implementation of his professional duty to improve his qualifications. Thus, the scientific work reveals the essence of the ethical component as a necessary element of such a mechanism, and also analyzes the grounds for exempting a lawyer from the obligation to improve his qualifications. Within the framework of this article, the legal regulation of the procedure for the lawyer to fulfill his duty to improve his qualifications was analyzed, namely through the prism of the need to master high standards of ethical behavior. Attention is drawn to the positivity of the provisions of the Ukrainian legislation, according to which a lawyer, improving his qualifications, must necessarily acquire a certain set of knowledge (in particular, concerning issues of lawyer ethics). This provision of domestic legislation generally corresponds to the legislation of many countries of the world (France, Italy, Norway, the Czech Republic, Ireland, etc.), especially in the context of professional development by lawyers who have just acquired this status (young lawyers). It is concluded that the National Association of Lawyers of Ukraine needs to develop appropriate measures (programs) that would provide an opportunity to obtain an ethical component as a necessary condition for improving the qualifications of a lawyer on a free basis. The legislation of foreign countries, which apply certain grounds for exemption from the obligation to improve the qualifications of lawyers, is also studied. The position is argued about the expediency of enshrining the provision according to which from the obligation to upgrade the qualifications not only of lawyers who have stopped their activities, lost their ability to work or have other good reasons, but also lawyers who have reached a certain age (for example, 65 years old), are engaged in the practice of law have been active for more than 30 years, or have a Doctor of Science degree and are recognized specialists in the field of law.