Attorney-client privilege: problems of defining the subject and scope

The article provides a comprehensive exploration of attorney-client privilege as a fundamental institution of the legal system ensuring an appropriate level of confidentiality in lawyer-client relationships. The author conducts a thorough analysis of the legislative definition and regulation of attorney-client privilege in Ukraine, examining in detail its legal content, boundaries, and protection mechanisms. Special attention is paid to comparing national legislation with relevant international standards, particularly the case law of the European Court of Human Rights (ECHR). The paper systematically highlights the relevance of this issue in the modern context of digitalization, which creates new challenges for protecting confidential information and requires rethinking traditional approaches to ensuring attorney-client privilege. The author reveals the multifaceted nature of attorney-client privilege, including such components as: the fact of seeking legal assistance, the motives for doing so, the content and nature of legal consultations, documents submitted to a lawyer, electronic correspondence, and other forms of communication. A significant aspect of the study is the examination of recent case law, particularly Reznik v. Ukraine (2025), which has become an important precedent emphasizing the need for a clear definition of attorney-client privilege and the implementation of effective legal protection mechanisms in national legislation. The author identifies and analyzes problematic aspects of current legal regulation and enforcement practices related to inconsistencies in Ukrainian legislation and the absence of unified standards for protecting confidential information. Based on the conducted analysis, the article proposes a set of scientifically grounded directions for improving the legal protection of attorney-client privilege. These include: harmonizing national legislation with international standards, strengthening judicial oversight mechanisms for ensuring compliance with the principle of confidentiality, improving cybersecurity procedures for protecting electronic data, and implementing additional legal guarantees for lawyers in the course of their professional activities. In conclusion, the author substantiates the necessity for systematic improvement of the legislative regulation of attorney-client privilege in Ukraine to ensure a high level of confidentiality in legal practice in accordance with European standards and ECHR case law. The research highlights the critical importance of developing clear procedures for identifying information protected by attorney-client privilege and establishing effective mechanisms for its protection, particularly in the context of interactions with law enforcement agencies and courts during investigative actions.