European area of advocatory ethics and its impact on the Ukrainian Bar Association

Abstract

The article identifies the common and distinctive features of two systems of advocatory ethics norms - the European Union and Ukraine, and considers the problem of the influence of European legal ethics standards on the Ukrainian format of legal ethics. The relevance of the study of the influence of European advocatory ethics standards on the Ukrainian analogue is due to the need for Ukraine to advance towards the European Union and the use of the ideological guidelines of the European model of legal ethics in the national format of advocatory ethics. The aim of the study is a comparative analysis of the interpretation of the basic principles of lawyer ethics in the EU and Ukrainian lawyer communities, identifying the main lines of influence of European standards of lawyer conduct on the Ukrainian Rules of advocatory ethics. The methodological design of the study is based on systemic, comparative, dialectical, socio-cultural, historical and philosophical methods. Taken together, they allow us to clarify the common and different in the norms of lawyer ethics of the EU and Ukraine, to show the influence of European guidelines for the conduct of lawyers on the Ukrainian format of lawyer ethics. The conclusion is made about the European orientation of the ideological guidelines of the Rules of advocatory ethics of Ukraine, their consistency with the European values ​of the arrangement of modern society and the organization of the bar as a necessary component of the organization of public life. But the Ukrainian Rules of advocatory ethics have a broader structure, there is a detailed description of the possible circumstances of the lawyer's activity, the European Code of Conduct of a Lawyer is more concise and aimed at resolving general cases of lawyer practice.Common features are the use of general principles of advocatory ethics(independence, confidentiality, integrity, loyalty); focus on protecting human rights, promoting the rule of law; confidentiality is considered a duty of a lawyer, the violation of which leads to disciplinary liability. The Rules of advocatory ethics of Ukraine consider the CCBE Code as an additional source of norms.The differences between the CCBE Code of Conduct for Lawyers and the Rules of Lawyer Ethics of Ukraine concern interaction with foreign lawyers. The CCBE Code regulates behavior in cross-border activities, and the Rules of advocatory ethics of Ukraine are recognized by the CCBE as a reference point in international practice, but do not regulate it directly. The norms of the CCBE Code are of a commendatory nature, but are recognized in many countries, the norms of the Rules of advocatory ethics of Ukraine are mandatory for all lawyers of Ukraine. It is noted that the implementation of European ethical norms of lawyer activity into the fabric of the Rules of advocatory ethics of Ukraine contributes to the further advancement of the country into the bosom of the European Union and to socially and constructive relations of Ukrainian lawyers with lawyers of the European political and economic space.