Open AccessResponsibility of subjects of the appeal and a lawyer in the aspect of realization of the right to the lawyer’s request
Author(s) -
Віктор Вікторович Заборовський,
Р.М. Фрідманський
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.62
Subject(s) - appeal , liability , professional responsibility , economic justice , legislator , law , institution , adversarial system , business , political science , public relations , legislation
This scientific article is aimed at revealing topical issues related to ensuring the proper implementation of the professional right of a lawyer to a request, namely, the liability of a lawyer in case of abuse of his right to such a request, as well as the liability of subjects for failure to provide or improper response to a lawyer’s request. Within the framework of this research, a theoretical and applied analysis of various approaches of scientists, as well as the positions of the legislator on the possibility of bringing the subjects of appeal to justice for violating the professional right of a lawyer on request. The procedure of bringing such entities to administrative responsibility is revealed in detail and attention is paid to the shortcomings of its implementation.Significant attention is paid to the disclosure of the legal nature of the institution of «abuse of the right of a lawyer on request», in particular, the liability of a lawyer in case of illegal disclosure of information obtained at the request of a lawyer (especially those containing restricted information).To achieve this goal, the authors used methods typical of legal science. The study was conducted using a dialec-tical method of cognition of legal reality, which provided an opportunity to analyze the essence of the responsibility of a lawyer in the aspect of exercising the right to request. The use of the system-structural method helped to deter-mine the general structure of the work, which in turn provided an opportunity to reveal the objectives of the study to determine the specifics of liability of both lawyers and the lawyer himself in case of abuse of the latter right.Based on the study, the authors conclude that the use of a lawyer’s fundamental professional right to request, contrary to its main purpose, should have the effect of bringing him to justice, including disciplinary in the form of deprivation of the right to practice law (if established systematic abuse of the right to request).