1. ВІДПОВІДАЛЬНІСТЬ АДВОКАТА ЗА НЕВИКОНАННЯ ПРОФЕСІЙНОГО ОБОВ'ЯЗКУ ЩОДО ПІДВИЩЕННЯ ЙОГО КВАЛІФІКАЦІЇ
- Author
-
В. В., Заборовський
- Subjects
LEGAL professions ,CAREER development ,PRACTICE of law ,DUTY ,LEGAL aid ,PROFESSIONAL ethics ,ATTORNEY & client - Abstract
This article is aimed at revealing the legal nature of the lawyer's obligation to improve his qualifications and the issue of responsibility for failure to do so. Both the current legislation of Ukraine (Procedure for improving the qualifications of lawyers of Ukraine (new edition)), which regulates this obligation, and previous editions of the Order have been analyzed, and the role of disciplinary bodies in monitoring its implementation has been determined. Attention is drawn to the fact that the current Procedure for improving the qualifications of lawyers of Ukraine, although on the one hand, provides for a fairly liberal approach to the responsibility of a lawyer for failure to fulfill the obligation to improve his qualifications, and on the other hand, this Procedure, unlike its previous editions, proceeds from the obligation to take into account such a circumstance (that is, the lawyer's failure to fulfill his duty to improve his qualifications is essentially a circumstance that burdens the lawyer's disciplinary responsibility). Within the framework of this article, the legal regulation of the mechanism of bringing a lawyer to justice for non-fulfillment or improper fulfillment of his duty to improve his qualifications under the laws of foreign countries was analyzed. Thus, the author draws attention to foreign experience in the field of the professional duty to improve the qualifications of lawyers, in particular in France, Germany, Austria and Kazakhstan, where stricter mechanisms of control over the level of their qualifications are provided. Thus, sanctions for lawyers' failure to fulfill the obligation to improve their qualifications can range from an increase in contributions to professional insurance to suspension or even deprivation of the right to professional activity. A conclusion is made about the need to improve the mechanism of bringing a lawyer to justice in the event of his failure to fulfill his obligation to improve his qualifications. Therefore, in the case of a lawyer's failure to fulfill the specified duty, such type of disciplinary responsibility should be applied to him as a warning and given a period for its proper fulfillment. If the qualification commission establishes a causal connection between the lawyer's disciplinary offense and harm to the client due to insufficient professional qualifications, the right to practice law must be suspended, and the lawyer must undergo repeated (additional) mandatory training to improve his qualifications, and in in the case of its improper execution, he should be deprived of the right to engage in advocacy. This mechanism of bringing the lawyer to justice will contribute to the improvement of the quality of legal aid and the authority of the legal profession in society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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