Judicial Process Research Articles

El acceso a la justicia de las poblaciones indígenas. Una necesidad desde el lenguaje

Indigenous peoples face limitations in understanding the justice system due to linguistic and cultural barriers; therefore, the use of clear and accessible language is essential for them to exercise their rights and participate effectively in judicial processes. Through a documentary review of the problems faced by indigenous peoples in accessing justice, the strategies developed by the Peruvian judiciary are described. It is stated that, despite the existence of regulations and policies that guarantee access to translators and interpreters in the judicial sphere, the actions are limited and need to be strengthened. There is a need for strategies that are sustained over time, and that allow their impact to be measured in order to evaluate their relevance and effectiveness. It is concluded that there is a need to develop a language policy focused on justice, which includes incentives —in the training of indigenous lawyers— as a mechanism for the preservation of indigenous languages. It also highlights the importance of language planning in the administration of justice in order to have native language-speaking operators in each judicial district, speciality and instance.

Child Adoption Without a Judicial Process in Sawentar Village, Blitar Regency (Perspective of Positive Law and Islamic Law)

In Islam, adopting children has been known since the time of the Prophet Muhammad. Literally, tabbani means a family couple who tries to get a foster child from another family, then treats it as if it were their biological child. The reality of informants in Sawentar, Blitar, child adoption is based on the agreement of biological parents with adoptive parents, then the adopted child is manipulated as if he were the biological child of the adoptive parents, without going through the court process, Research qualitative approach type of observational research, field-research, determination of empirical approaches, subjected to 3 primary sources. Descriptive qualitative means using qualitative data, then described descriptively. Problems are solved by non-doctrinal empirical normative studies, sourced from primary and secondary data. The purpose of the research is to describe the process of adoption without trial, under HI / Islamic Law and or HP / Positive Law. Documentation, data collection by interviewing, observing reinforced the technique of analyzing documents in the design of descriptive qualitative methods, starting with reducing, presenting, ending with drawing conclusions, where the researcher holds the primary key. The conclusion was found that child adoption in Sawentar Village, the subject of the study carried out the adoption without going through the procedures as established by the government. This means that in positive law there is a violation of the law. The subject considers the judicial procedure to be a lot of time consuming, feels the complexity, does not meet the requirements of adoption, and the lack of understanding regarding child adoption according to the law. Implications, reviewing positive law, judicial child adoption is not fulfilled, if the socialization of adoption in the community is not intensified. Adoption is more about the agreement of both parties without a court process. Then, there is a lack of legal protection for adopted children, confidentiality in both, if not open, nasab (family ties based on blood relations, both up, down, and sideways) and the pleasure of the mother, father or biological person will be lost.

Análise jurimétrica de acórdãos fundamentados na Lei Anticorrupção e do controle judicial nos processos administrativos de responsabilização

The research examines the judicial control in administrative processes of accountability governed by the Anti-Corruption Law, by observing judicial decisions from second instance courts, encompassing Appeals, Interlocutory Appeals, Writs of Mandamus, and Necessary Reviews. The work is divided into three parts: presentation of the methodological itinerary, exposition of the doctrinal and legal aspects of the administrative and judicial processes of accountability provided for in the Anti-Corruption Law, and analysis of the collected data through the study of judgments, their grounds, and the presentation of comparative graphs. The justification for this research is based on the relevance attributed to the accountability of legal entities in the administrative sphere, as well as the importance of examining the jurisprudential actions in accountability processes governed by the Anti-Corruption Law. With the law approaching its ten-year anniversary in August 2023, there is a need for greater academic production, employing a qualitative and quantitative approach through the analysis of judicial decisions. The methodology combines techniques of bibliographic research, jurimetrics, and documentary analysis, encompassing both quantitative and qualitative approaches. The results of this study highlight inconsistencies in jurisprudence, such as difficulties in researching court websites, the application of Necessary Reviews in cases related to the Anti-Corruption Law, and the application of the theory of administrative deference on a case-by-case basis.

Strategies of Women’s Behaviour in Eighteenth-Century Courts (as Reflected in the Materials of the Investigative Chancellery)

This article analyses the main ways of acquittal and defence of women in Russian courts in the second quarter of the eighteenth century. Women’s experiences of the investigative and judicial process in eighteenth-century Russia have not been the subject of specific research in historiography, nor have the discursive practices of male and female investigators. The paper focuses on two main questions: Were the accused able to construct their own narratives and thus influence the course of the trial? Were the female perpetrators able to exploit the existing gender order and turn it to their advantage? The aim of this article is to examine what opportunities for self-defence the modern Russian legal system offered, what limitations it imposed, how sensitive it was to the gender of the accused, and how women on trial were able to influence the course of the trial. The study is based on a series of investigative materials produced by the Investigative Chancellery between 1730 and 1750. By analysing the speeches of the accused, their typology and comparing the information they contain with other testimonies, laws and judgements, it is possible to identify the main ways in which women were acquitted. The most common of these were “word and deed”, in the hope of being transferred to another institution or of delaying the sentence for the main offence; the inclusion of third parties in their testimony, referring to subornation or rape; false statements, including those concerning their social status; and the declaration of insanity. However, the only way of obtaining an acquittal that had any chance of success was for the accused to declare that she was pregnant. In general, the criminal process in modern Russia was structured in such a way that no strategies or tricks were taken into account. In the end, the only thing that mattered was the testimony of witnesses and the testimony of the accused under torture.

Современные тенденции и проблемы развития института доказывания в гражданском судопроизводстве

The article examines the existing problems of the functioning of the institute of evidence in civil proceedings of the Russian Federation. It is difficult to overestimate the importance of the institution of evidence in civil proceedings. Proving in judicial practice is an indirect human cognition, the authors argue that the subject of this cognition does not just observe or empirically collect information, he analyzes existing facts and makes new conclusions. The authors investigated the theoretical foundations of the functioning of this institute, analyzed statistical data in this area. In the course of the analysis of scientific literature, the authors have formed a wide range of evidentiary tools in Russian civil proceedings. Due to the consideration of real judicial practices, the main gaps in the legal regulation of the mechanism for the use of evidence in civil cases were identified. In conclusion, the options for changing the articles of the CPC of the Russian Federation are proposed, which will improve the mechanism of judicial proceedings.

Medicolegal assessment of human trafficking victims. Descriptive study of a series of forensic cases in Catalonia (Spain)

Background and objectiveHuman trafficking or contemporary slavery is the recruitment and transfer of people by force or deception for sexual, labour or other types of exploitation. Although the violence, abuse and deprivation that trafficking entails are a threat to the health of its victims, in Spain the clinical or forensic data available in this regard is scarce. At the Institute of Legal Medicine and Forensic Sciences of Catalonia (IMLCFC), a unit specialized in the forensic assessment of these victims was created. The objective of this work was to describe a series of forensic cases of trafficking victims. Materials and methodRetrospective study of victims in judicial cases opened for an alleged crime of human trafficking registered in the IMLCFC until 06/30/2023. Results57 different victims were registered. The majority were women (71.9%). The average age was 30.5 years (s.d. 10.31). All the victims were foreigners, mostly from Latin America (45.5%). The exploitation was mainly sexual (61.4%). There were some sociodemographic differences and in the conditions and consequences of trafficking between victims of sexual exploitation and the rest. Mental health problems were very common in all victims at the time of the assessment (87.5%). ConclusionsThe consequences of trafficking on health, especially mental health, are notable and the forensic assessment of victims is valuable in judicial proceedings. It is necessary to deepen our knowledge of the phenomenon in our environment.

Law and Literature: To Kill a Mockingbird as a Legal Thriller

This study carefully analyses J. D. Salinger’s 1951 novel The Catcher in the Rye to investigate the historical and close ties between law and literature. Law and literature both have an impact on societal norms, moral values, and notions of justice. Reading literature promotes critical thinking and empathy and challenges social norms. It serves as a mirror for examining legal ideas and moral quandaries. Literature may explore a wealth of topics related to the nature of laws and how they take preceding decisions into account. This link between law and literature is validated by Harper Lee’s To Kill a Mockingbird. Because of its legal aspects, it becomes an engaging addition to the legal thriller genre. The book is praised for its literary quality, but many find it fascinating as a legal thriller story as well. Due to its in-depth analysis of the legal system and its philosophical take on morality, bias, and justice, it has enthralled readers. Harper Lee’s masterwork goes beyond simple narrative to provide insightful analysis of the intricacies of the contemporary legal system. This research looks at how jurisdictive arrangements are rendered, examining the drama in the courtroom and the struggles of the actors against social injustices. It also demonstrates how the book enthralls readers as a gripping murder mystery in addition to being a literary masterpiece. Atticus’s defence of Tom presents a challenge to the careful scrutiny of the judicial proceedings surrounding Tom Robinson’s trial and the broader societal background of racial tensions in 1930s Alabama. In the book, Atticus stands in contrast to the darkness of prejudice and perverse social ideals as a moral beacon.

О необходимости изучения профильной классической литературы студентами юридических вузов и факультетов

Purpose. The purpose of this article is to substantiate the need for students of legal specialties to study fundamental literary works in order to understand social, psychological and legal categories. It is impossible to imagine the formation of a person without the influence of works of classical Russian and world literature. This article is devoted to the importance, significance and expediency of studying works of fiction that affect the interaction of people and the functioning of society by students of law specialties. Methods: general scientific methods (analysis, synthesis, generalization) and special methods of legal science (comparative law, formal law). Results: education as the foundation of every person›s life and as a consequence of the development of society as a whole is the most important branch of government activity. Legal education, like no other, lays down the moral, psychological and social components of future law enforcement officers. The quality of legal education is based on a balanced combination of knowledge and application of the colossal historical experience of our country, the richest cultural heritage and modern achievements of science, technology and technology. Discussion: the author has developed and proposed the concept of analyzing the plots of classical literary works from the point of view of modern judicial proceedings, including the interaction of participants in the process, evidence, and motivation of decisions. The article proposes a list of works of classical fiction, systematized taking into account the course of study and the disciplines studied within it, from the point of view of the importance of mastering the relevant discipline. The list is arranged in chronological order based on the plot and analyzed legal categories of interest in the framework of the study of a particular discipline. The author›s justification is based on the approach of the author›s criminology course of Professor O.Ya. Baev.

The Institute of Jurors in Russia (the Second Half of the XIX – Early XX Century): Based on the Materials of the Yekaterinodar District Court of the Kuban Region

Introduction. The article examines the evolution of the institute of jurors in Russia from the moment of its formation in 1864 to the beginning of the XX century by using a wide list of normative acts, works of domestic and foreign jurists, the works of the Commission for the Revision of legal provisions on the judicial part of 1894 and materials of law enforcement practice. In addition to assessing the all-Russian legislation, a historical and legal analysis of the regional legal framework of the period under review on the jury trial is being conducted. In particular, the paper reflects the peculiarities of the functioning of this form of legal proceedings in the Kuban region, based on archival sources. Theoretical Basis. Methods. The study was conducted using a wide range of both general scientific (the principle of historicism, analysis, comparison, induction, deduction, systematic approach) and private scientific methods of cognition (formal legal, historical legal, comparative legal). Results. The legislative consolidation of the legal status of the jury court in the normative acts of the Russian Empire was characterized by significant dynamism. Starting from the last quarter of the XIX and up to the beginning of the XX centuries, this institution was repeatedly reformed, in particular, with regard to the order of formation; jurisdiction of criminal offenses. These changes were due to the results of law enforcement practice; their assessment by government agencies. Significant work in this regard was carried out by the Commission to review the legal provisions on the judicial part at the end of the XIX century. In Kuban, according to archival sources, this form of legal proceedings was introduced only in 1906, which is explained by the national and ethnic characteristics of the local population, its legal awareness and legal culture. At the same time, even after 1906, estate judicial institutions continued to operate in the region, in which jurors did not participate. Discussion and Conclusion. Thus, the jury trial in Russia in the second half of the XIX – early XX century, despite certain shortcomings, was firmly entrenched in the system of domestic judicial proceedings and was abolished only in the post-imperial period – in 1917 In Kuban, this institution continued to function until 1920 – the establishment of Soviet power in this territory.

К проблеме допустимости доказательств

This article addresses the issue of the admissibility of evidence in criminal proceedings, specifically focusing on the use of results from operational investigative activities, expert conclusions, and testimonies. Until now, the issues of their legalization and recognition as admissible evidence remain controversial. The relevance of this study is underscored by the need in legal theory and practice to recognize the distinct role of non-procedural information in criminal proceedings, which holds significance for the case, and to develop approaches to its legal interpretation and application, considering the sources and methods of its acquisition. The aim of this publication is to justify the necessity of fully reflecting the results of operational investigative activities and expert studies in the materials of pre-trial investigation and criminal cases for subsequent judicial review. To achieve this goal, a number of tasks are solved, including: analysis of approaches to understanding the stated problem that have emerged in the scientific legal literature, determination of legal ways to solve it within the framework of current legislation. An overview of the procedural process of judicialization is provided, with emphasis on the possibilities of interrogating personnel conducting operational support and specialists performing individual studies, the results of which are then subject to verification and evaluation in accordance with the requirements of relevance and admissibility of evidence. In conclusion, the integration of operational investigative results and expert analyses as admissible evidence in criminal proceedings requires balanced approaches that uphold procedural integrity while accommodating the complexities of modern investigative techniques. By advancing these discussions, policymakers and legal practitioners can foster a more robust framework for evidence evaluation and judicial decision-making.

Determination of a Witness to Be a Defendant in a Criminal Corruption Case

The background for carrying out this research is that there is a rationale for legal claims in order to determine a legal subject of a Witness to be the legal subject of a Defendant directly by the Panel of Judges in an ongoing criminal justice process for criminal acts of corruption, in order to carry out justice or law enforcement more effectively and efficiently, so that substantive justice can be achieved in law enforcement. The methods that have been used in this research are legal actions that allow a Witness legal subject to become a legal subject for the Defendant directly by the Panel of Judges in an ongoing judicial process, normative juridical approach legal research or research that examines legal rules according to library research, and the research specifications are analytical descriptive, and in this research secondary data was obtained. The data collection technique was carried out through literature study, and the data analysis used was qualitative and explained descriptively. This research concludes that in the existing criminal justice system, the legal subject of the Witness can actually be the legal subject of the Defendant in an ongoing trial; it's just that such "determination" is not made explicitly. To determine a witness as a defendant, there are two parties who can take the initiative to determine the witness directly as a defendant in a trial process at a corruption criminal court. Namely the Public Prosecutor, especially the KPK Public Prosecutor. Carried out at the request of the Public Prosecutor to the Panel of Judges.

How sleep and fatigue shape statements in evidence: A psycho-legal perspective

Testimonial evidence in the form of verbal accounts by victims, witnesses, and suspects plays a critical role in investigations and judicial proceedings, often serving as the only evidence during a trial. The psychological nature of testimonies causes this form of evidence to be inherently limited, motivating psycho-legal scholars to identify both risk factors and solutions necessary to improve its reliability. To this end, the current perspective argues that sleep-related fatigue is a formative factor that influences the fidelity of statements and confessions provided during legal interactions. Specifically, it considers the prevalence of sleep disruption among subjects interacting with the criminal justice system, its likely impact on memory of victims and witnesses, and the role of sleep deprivation in confessions. In view of legal doctrines relevant to both evidentiary and constitutional considerations, this analysis is meant to motivate future work at the intersection of sleep-related fatigue and legal processes.

Presidential Threshold in The 2024 Presidential Elections: Implications for The Benefits of Democracy In Indonesia

Elections are one of the Indonesian people's efforts to elect the best leaders as well as the embodiment of a democratic country. The Presidential Threshold (PT) that applies in the 2024 presidential election (Pilpres) is one of the things that has become a polemic in society. This can be seen in several judicial review processes by the public and groups requesting the abolition of the threshold. With normative research and conceptual and legislative approaches relating to elections in general and presidential elections in particular, this research questions its benefits. The benefit in question is the benefit that returns to the community in particular and the government system that is formed. Through literature study and qualitative analysis, the results showed that the existence of PT contradicts the wrongful benefits and ḍarūrī in the nation's life and democracy. This means the people are limited in choosing presidential and vice-presidential candidates who truly suit their wishes. The nation's best sons and daughters are limited in their rights to nominate themselves as leaders because of the PT. Furthermore, the ruling party has a tremendous opportunity to control the presidential system, both at the legislative and executive levels, and this is undoubtedly contrary to the benefit itself.

THE ROLE OF THE SUPREME COURT IN ENSURING THE OBSERVANCE AND RESPECT FOR THE RULE OF LAW

The rule of law is the cornerstone of modern democratic legal systems and an important condition for their continued existence. At the legislative level, it has been recognised in Ukraine since the adoption of the Constitution of Ukraine in 1996, and the establishment of democratic values continues to this day. This scientific paper investigates the development and establishment of the rule of law through judicial proceedings to attain its purpose of delivering justice. In most developed European countries, there is a well-accepted legal tradition whereby constitutional jurisdiction takes precedence over general jurisdiction, thus making the Constitutional Court superior to the Supreme Court. However, the legal reality in Ukraine demonstrates a contrary scenario. As shown by the author, the Ukrainian approach, while highly distinctive, does not contradict international principles about the formation of the rule of law through the courts. Furthermore, the principal legislative provisions completely match the criteria of international and European law. Nevertheless, the study concludes that the excessive activity of the Supreme Court appears to be a significant drawback due to its overly extensive case law. For instance, during the first half of 2023, the Supreme Court heard a total of 63 406 procedural appeals and cases, including 5 433 in the sphere of criminal justice and 7 174 taking into account cases and materials not heard the previous year (Верховний Суд, Аналіз здійснення правосуддя). That is the reason why the Ukrainian legal system is confronted with the issue of defining legal certainty, which is one of the key characteristics of sustainable and democratic justice (Consultative Council of European Judges, 2017). The article identifies that not only is this problem currently unresolved by the Ukrainian legislature, but it also emphasises the importance and necessity of defining the status of case law in the country, as well as the influence of the Supreme Court on ensuring the rule of law. According to the author, there are several options available to overcome these challenges which must be handled expeditiously in light of the ongoing war and Ukraine's eventual membership in the European Union. Based on the results of this article, it is proposed to adopt two legislative proposals. First, case law should be recognised as a source of law, namely the legal conclusions established in Supreme Court rulings. Second, these judgments must be published in the determined form to be regarded as a source of law. To clearly identify the Supreme Court decisions containing legal conclusions and serving as a source of law, the study proposes a separate publication of these judgements from others that do not hold such status. For example, they could be published in dedicated documents/collections, etc. specifically designed for this purpose. Moreover, the author concludes that such an instrument already exists, despite the fact that it is not officially recognised as such. According to the results of this research, the Supreme Court's reviews and digests of case law are an illustration of this particular tool.

‘The system is engineered to do this’: Multilevel Disempowerment and Climate Injustice in Regulating Colorado’s Oil and Gas Development

Abstract Continuing to emit greenhouse gases (GHGs) moves our planet closer to crossing critical tipping points, making ongoing development of fossil fuels an act of climate injustice. Yet, the United States has doubled down on unconventional oil and gas (UOG), becoming the top global producer of hydrocarbons. Significant segments of the public resist UOG drilling, mobilizing to limit or stop production due to intersecting climate, environmental, and public health concerns. However, regulatory conflicts complicate the power of public resistance and problematize the role of the state in facilitating industry. UOG production has rapidly expanded with little capacity for public participation in decision-making. We contend this is a climate injustice—where procedural injustices across levels of governance make it difficult for the public to prevent fossil fuel extraction. We examine these injustices across state legislative, judicial, and executive governance processes in Colorado where residents have actively resisted UOG production. We demonstrate how the public consistently faces procedural inequities and power disadvantages across multiple sites and levels of decision-making, resulting in multilevel disempowerment. In this high-stakes context, our policy ethnography illustrates how these multilevel procedural injustices can facilitate rapid expansion of UOG production, where state-sanctioned activities also constitute broader acts of climate violence and injustice.

Come in and See: Translating a Design Pattern from the Courtroom into an Online Environment

Publicity is one of the core principles in procedural law and a fundamental right related to due process. During the COVID-19 pandemic, Chilean courts held judicial proceedings online and streamed them to comply with the publicity principle. One case especially sparked the interest of the public: a man was accused of seven sexually connotated crimes, trialled online and the hearings live streamed on social media. In this article, we approach the publicity of a court proceeding as a design pattern. We apply conceptual analysis to procedural law, social media studies and organization studies to (1) investigate the different materializations of the “come in and see” pattern; (2) analyse the factors that affect the translation of a design pattern from one domain (legal) to another (digital). Our focus is on a design pattern in the law, called “come in and see”, used whenever procedures and actions require legitimization by people. We argue that publicity in a courtroom is enacted by allowing people to step into a courtroom while allowing people inside an online trial has unintended and unwanted consequences. The case analysis shows how the “come in and see” is a context-dependent pattern whose effect is determined by the surrounding architecture and institution.

Criminal Acts Against the Judicial Process (Contempt of Court) According to the New Criminal Code about the Right to Immunity of Advocates in Court

The birth of the new Criminal Code brought nuances of renewal in the world of justice in Indonesia. However, it also caused upheaval and differences of opinion regarding regulating several aspects of criminal law, including regulating Criminal Acts Against the Judicial Process (Contempt of Court). The regulation of Contempt of Court actions in the new Criminal Code raises pros and cons in society, including advocates who often intersect with the judicial world. The existence of several articles regulating multi-interpretive contempt of court actions is considered to threaten the existence of the Advocate's Right to Immunity in Court. This study aims to analyze the regulation of the Contempt of Court criminal acts regarding the right to immunity of advocates in Court. The research method used is normative legal research using an analytical descriptive approach. This study found that the articles of Contempt of Court in the new Criminal Code, which are multi-interpretive, can limit the space for advocates to express opinions and defend themselves before the court. If these articles are not interpreted properly and correctly, they can become a medium for criminalization by specific individuals against advocates in court.

New Cross-Border Standards of Conduct for Arbitrators in International Arbitration

The paper deals with topical issues of improving the regulation at the international level of the rules concerning the conduct of arbitrators in international commercial and investment arbitration. Two new documents are highlighted: the Code of Conduct for Arbitrators in the Settlement of International Investment Disputes, prepared by the working group of the United Nations Commission on International Trade Law (UNCITRAL), and the 2024 edition of the guidelines of the International Bar Association (IBA) regarding conflicts of interest in international arbitration. The Code of Conduct for Arbitrators is applied in the framework of International Investment Dispute (IID) proceedings, but may be applied in the framework of proceedings in any other dispute by agreement of the parties to the dispute. Along with the requirements for the independence and impartiality of arbitrators, the Code introduces restrictions on the simultaneous performance of several functions, as well as establishes obligations to exercise diligence, conduct proceedings in good faith and competently, not delegate their decision-making responsibilities, maintain the confidentiality of proceedings; the requirement for the reasonableness of arbitrators’ fees, as well as provisions governing the role of tribunal assistants. The IBA Guidelines on Conflicts of Interest in International Arbitration are the most popular source of «soft law» among the sets of rules of international origin governing the impartiality and independence of arbitrators. It is often used in arbitration and judicial proceedings in various legal systems when considering issues related to the assumption of the functions of arbitrators, their appointments and challenges. The novelties introduced into this Manual, taking into account the 10-year practice of applying the previous edition, expand the list of circumstances to be disclosed, clarify a number of statements.

Influence of Social Media on Court Decisions in Blasphemy Cases

This research aims to conduct an in-depth analysis of the influence of social media on judges' decisions in religious blasphemy cases in Indonesia. In the context of the digital era, social media has become the main arena where public opinion is expressed, discussions develop, and information spreads quickly. Cases of religious blasphemy often create waves of controversy and debate on social media, widening their impact in society. This research uses a qualitative approach to analyze how social media influences the judicial process, from its role in shaping public opinion to its possible influence on arguments presented in court. Through analysis of social media content and a study of significant religious blasphemy cases, this research aims to understand the extent to which opinions and pressure generated by social media can influence judges' decisions. It is hoped that the results of the analysis will provide a deeper understanding of the challenges faced by the justice system in facing the pressures and expectations of an increasingly dominant digital space, as well as provide a basis for improving justice policies and practices that are more adaptive to social and digital dynamics.

ABUSE OF PROCEDURAI RIGHTS BY ADVOCATE (ON THE EXAMPLE COMMERCIAL AND ADMINISTRATIVE PROCEEDINGS)

The article is devoted to the study of the problem of abuse of procedural rights by advocate on the example of commercial and administrative proceedings. The relevance of the chosen topic is substantiated and attention is drawn to the fragmentary nature of the coverage of the indicated issues in the scientific literature. The approaches formulated in the scientific literature and judicial practice regarding the understanding of the concept of «abuse of procedural rights» are presented. there are approaches. It is suggested that abuse of procedural rights by an advocate should be understood as actions committed by a lawyer within the framework of a judicial process that formally correspond to the norms of the procedural law, but do not correspond to its conceptual ideas, and are not intended to create an obstacle in the activity of the court or other persons. We consider the following as additional signs of abuse of procedural rights by the advocate: 1) a person who abuses procedural rights has a special status – an advocate; 2) the presence of procedural rights, which are abused by the advocate, are determined by his provision of legal aid and participation in the court process; 3) may result in prosecution not only of the advocate, but also, for example, of the bar association in which the advocate works (about which judicial practice has already been formed in the decision of the Supreme Court dated 14.07.2022 in case No. 755/11559/16-ts); 4) damages the prestige of the entire institute of advocacy. It is proposed to supplement Part 1 of Art. 43 of the Rules of Advocate Ethics. As part of our research, attention will be paid to the abuse of procedural rights by the advocate. The choice of this particular aspect of the specified issue is determined by several reasons: 1) the existence of rare cases of such abuse by advocate; 2) significant dissonance in the public consciousness, which arises due to the abuse of procedural rights by a advocate, which is due to the fact that a advocate must be a model of behavior as a representative of the legal profession and must comply not only with the current substantive and procedural legislation, but also with the Rules of Аdvocate Ethics; 3) creation of a significant threat to the authority of the entire institute of advocacy.