Keywords
legal profession
implementation
international standard
national legislation
international agreements
ratification
ethical norms
code of ethics
qualification commission
ombudsman
rights of citizens
How to Cite
Abstract
The article provides an analysis of the problems of implementing international ethical standards of the legal profession into the Ukrainian legal system and identifies ways to overcome them. The implementation of international ethical standards of the legal profession into the national legal system of Ukraine is a crucial step in strengthening democratic institutions and guaranteeing the rights of Ukrainian citizens. However, this process requires improvement, analysis, and overcoming of a range of problems, including issues related to the ratification of international acts, control by state bodies and society over lawyers’ compliance with ethical standards, the absence of consideration of the instrumentation for the implementation of international standards in the functioning of institutions of the national legal system, and others. Among the ways to overcome the outlined problems, we see normative regulation of the process of ratification of international agreements that define ethical standards of the legal profession, implementation of international ethical standards into national normative acts (codes of conduct or ethical guidelines for lawyers in different fields), improving the quality of activities of qualification commissions for monitoring compliance with professional ethical rules in legal practice, the activity of which must be clearly regulated, development of a system of theoretical education, practical training, training, and qualification upgrading of lawyers that would be oriented towards international ethical standards of the legal profession, creation of independent mechanisms for monitoring compliance with ethical standards of the legal profession, such as ethics commissions or ombudsmen, which could consider complaints about violations of ethical norms, collaboration with international organizations involved in the development and implementation of international ethical standards for the legal profession.
References
Constitution of Ukraine. Bulletin of the Verkhovna Rada. 1996. No. 30. Article 141. URL: https://bit.ly/3r32yQI [in Ukrainian].
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights): Signed on 4.XI.1950, Rome. URL: https://bit.ly/3jPTE9r [in Ukrainian].
Bryntsev, V. D. (2010). Standards of the Rule of Law: Implementation in the National Model of Organizational Support of the Judiciary: monograph. Kharkiv: Pravo. 464 p. [in Ukrainian].
Lyakhvinenko, S. M. (2011). International Legal Standards: Towards Defining the Concept and Specific Characteristics. State and Law. Iss. 51. Pp. 666—672 [in Ukrainian].
Sushchenko, V. M. (2016) European and International Standards of the Legal Profession in the Context of the Functioning of the Legal System of Ukraine. Scientific Notes of NaUKMA. Legal Sciences. Vol. 181. Pp. 22—25 [in Ukrainian].
Universal Declaration of Human Rights of December 10, 1948. URL: https://bit.ly/3LYYvAE [in Ukrainian].
Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950. URL: https://bit.ly/3zdJ0xd [in Ukrainian].
International Covenant on Civil and Political Rights of December 16, 1966. URL: https://bit.ly/3KgCw7a [in Ukrainian].
Code of Conduct for Law Enforcement Officials of December 17, 1979. URL: https://www.un.org/ru/documents/decl_conv/conventions/code_of_conduct.shtml [in Russian].
The basic principles of the independence of the judiciary from September 6, 1985. URL: https://bit.ly/42P9CCd [in Ukrainian].
General code of rules for lawyers of the countries of the European Community of October 1, 1988. URL: https://bit.ly/3IPX1OK [in Ukrainian].
Recommendation No. (94) 12 «Independence, Effectiveness and Role of Judges» of October 13, 1994. URL: https://bit.ly/3nshs4D [in Ukrainian].
European Charter on the Law «On the Status of Judges» of July 10, 1998. URL: https://bit.ly/40HRCs7 [in Ukrainian].
Charter of Fundamental Rights of the European Union of December 7, 2000. URL: https://bit.ly/3FZthpf [in Ukrainian].
Recommendation No. 2000/19 «On the role of the state prosecutor's office in the criminal justice system» dated October 6, 2000. URL: https://bit.ly/3KgyvQ4 [in Ukrainian].
Resolution 2004/32 of the United Nations Commission on Human Rights on the 'Integrity of the Judiciary' of April 19, 2004. URL: https://bit.ly/3nomUWd [in Ukrainian].
Resolution 2858 (XXVI) of the UN General Assembly «Human rights in the administration of justice» of December 16, 2005. URL: https://bit.ly/40pE8Rw [in Ukrainian].
Bangalore Principles of Judicial Conduct dated July 27, 2006. URL: https://bit.ly/431rkmr [in Ukrainian].
UN Convention against Corruption of October 31, 2003. URL: https://bit.ly/40nUH0s [in Ukrainian].
On Legal Education and General Access to the Legal Profession: Draft Law of Ukraine dated September 28, 2017, No. 7147. URL: https://bit.ly/3n4uFk8 [in Ukrainian].
Code of Professional Ethics of a Judge: Approved by the 5th Congress of Judges of Ukraine on 10/24/2002. URL: https://bit.ly/3IStdRm [in Ukrainian].
Code of Professional Ethics and Conduct of Prosecutors: Approved by the All-Ukrainian Conference of Prosecutors on April 27, 2017. URL: https://bit.ly/3ZmaBa9 [in Ukrainian].
Rules of lawyer ethics: approved by the 2017 reporting and election congress of lawyers of Ukraine on June 9, 2017. URL: https://bit.ly/3KgD2C0 [in Ukrainian].
On the Rules of Professional Ethics for Notaries of Ukraine: Order of the Ministry of Justice of Ukraine dated 07.06.2021 No. 2039/5. URL: https://bit.ly/3M0tXi5 [in Ukrainian].
Lapkin, A. (2022). Guarantees of compliance with professional ethics norms by judges, prosecutors, and lawyers (with Ukraine as an example). Political and Legal Studies. Vol. 1. Iss. 2. Pp. 76—85. URL: https://bit.ly/3G0jK1l [in Ukrainian].
Ethical rules of a lawyer: approved by the Legal Assembly of the All-Ukrainian organization «Association of Lawyers of Ukraine» on October 5, 2023. URL: https://bit.ly/3nm1hWq [in Ukrainian].
On the Prosecutor's Office: Law of Ukraine dated 14.10.2014 No. 1697-VII. URL: https://bit.ly/3zh3fdn [in Ukrainian].
On the judiciary and the status of judges: Law of Ukraine dated 02.06.2016 No. 1402-VIII. URL: https://bit.ly/3LX4Qwv [in Ukrainian].