Criminal Law Protection of the Practice of Law: Domestic and International Experience

Abstract The article examines the fundamental international legal standards on guarantees and state protection of the legal profession of an attorney, analysing the essential content of the relevant provisions, the specifics of the current criminal law regulation in Ukraine, and also the prospects and trends for its further reform. The comparative analysis focused on the positive experience of foreign legislation, in particular, the criminal codes of Azerbaijan, Bulgaria, the Czech Republic, France, Georgia, Kazakhstan, Lithuania, Moldova, Poland, Spain, the United States, Tajikistan, Uzbekistan and the United Kingdom, in terms of determining the direct object of an offence in crimes against justice. This allows the identification of certain regularities in the approaches to defining the grounds for criminal liability and the elements of criminal offences against the legitimate legal activities of a defence counsel (primarily, an attorney) or another person providing legal aid. The article also addresses the criminal law mechanisms for protecting the rights and interests of individuals and legal entities from the unlawful actions of attorneys and representatives, including their violation of fundamental principles of law enforcement and legal requirements.