DISCIPLINARY LIABILITY OF A LAWYER AS A COMPONENT OF LEGAL LIABILITY

Abstract

In scientific works, the scientific positions of scientists regarding the understanding of the content of legal responsibility in general and the lawyer in particular, as well as the determination of the place of disciplinary responsibility of the lawyer as a component of the institution of legal responsibility, have been elaborated. Attention is focused on the need to introduce a systemic approach to improving the institution of advocacy in Ukraine, namely: strengthening the guarantees of advocacy, its types and professional rights of advocates, improving the self-government of the advocacy; specifying the grounds, procedures for bringing a lawyer to disciplinary responsibility and the procedure for appealing the decision to bring such responsibility; introduction of the institute of simplified disciplinary proceedings; improvement of the procedure for consideration of complaints against the lawyer's actions. It has been proven that a lawyer can be held liable for all types of legal liability for violations that occur in the course of practicing law. A special place in the activity of a lawyer is given to disciplinary responsibility, since it is the most regulated both at the legislative level and by acts of lawyer self-government (National Association of Lawyers of Ukraine). Disciplinary responsibility of a lawyer is regulated by the norms of administrative law, a corresponding certain influence on the part of an authorized body (authorized to carry out disciplinary proceedings) with the aim of renewing the established rule (professional, deontological) behavior violated by the lawyer during the implementation of the lawyer's activity, for which he is subjected to measures of negative (coercive) influence. Disciplinary responsibility has certain features that relate to bringing a lawyer to justice: a) legally established responsibility for committing a disciplinary offense; b) a clearly defined subject of responsibility (lawyer) and the relevant field (lawyer activity), violation of which will result in negative consequences for the latter, expressed in disciplinary sanctions; c) the object of disciplinary responsibility is the corresponding professional duties; c) legally defined procedural procedure for prosecution.