COMPLIANCE OF GUARANTEES OF PROFESSIONAL ACTIVITY OF UKRAINIAN ADVOCATE WITH INTERNATIONAL STANDARDS OF PROFESSION OF ADVOCATE

Viktor Zaborovskyy, Sibilla Buletsa, Yuriy Bysaga, Vasyl Manzyuk

Abstract


The article reveals the multifaceted functional purposes of guarantees of activity of a Ukrainian advocate first of all through the prism of finding out of their compliance with international standards of profession of advocate. Considerable attention is devoted to revealing, firstly, the essence of the prohibition to require information which is lawyer’s secret and its boundaries, and secondly, means which help to ensure the secrecy. Thus, normative regulation is explored, as well as the problems of implementation, in particular, of such guarantees as witness immunity of the lawyer and the prohibition to interfere with his private communication with the client, as well as guarantees in the case of a search or inspection of housing, other possession of a lawyer, premises where he carries out his advocacy. The pages of the article reveal the legal nature and shortcomings in the construction of norms providing for the existence of guarantees directly related to the prosecution of an advocate, guarantees of his security, as well as guarantees indicating the availability of Ukrainian lawyer’s indemnity.


Keywords


advocate, guarantees of advocacy, international standards of the profession of advocate, lawyer’s secret, indemnity of an advocate

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