Дисциплінарне провадження стосовно адвоката у світлі правових реформ

The article analyzes the state of legislative regulation of disciplinary proceedings against a lawyer in Ukraine and considers the prerequisites for its improvement in the light of legal reforms. The procedure for bringing lawyers to disciplinary liability under national legislation is studied based on the standards of disciplinary proceedings enshrined in the European Convention for the Protection of the Profession of Lawyer. The standards of disciplinary proceedings determine: the grounds for bringing lawyers to disciplinary liability must be based exclusively on professional standards of conduct that are provided for by law and comply with the rights and freedoms enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms; the consideration of disciplinary cases must be carried out by an independent and impartial disciplinary body established by a professional association, or by an independent and impartial body, or by an independent and impartial court or tribunal established in accordance with the law; the consideration of disciplinary cases must be timely; the consideration of disciplinary cases is carried out in accordance with the requirements of a fair trial, in accordance with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; when considering disciplinary cases, the lawyer has the right to legal assistance; the right of the lawyer to appeal the decision in a disciplinary case is exercised in an independent and impartial court established in accordance with the law; the legality of the disciplinary procedure; the absence of any discrimination; proportionality in the imposition of disciplinary sanctions; the application of a ban on the right to practice law as a form of disciplinary liability only for the most serious violations of professional standards. The inadmissibility of taking over the powers of a disciplinary body is justified by the necessary condition of compliance with the principle of legal certainty and the special procedure for disciplinary proceedings. The author proposes to establish the principles of disciplinary proceedings at the legislative level; to exclude legislative provisions that contain overly evaluative concepts regarding disciplinary offenses; to introduce a simplified disciplinary procedure for lawyers in cases involving minor violations.