Open AccessTHEORETICAL AND LEGAL ANALYSIS OF ETHICAL PRINCIPLES OF ADVOCACY
Author(s) -
A. Starodubtsev,
A.M. Stebelev
Publication year - 2019
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu ìmenì v.n. karazìna. serìâ pravo
Language(s) - English
Resource type - Journals
ISSN - 2075-1834
DOI - 10.26565/2075-1834-2019-28-11
Subject(s) - legal ethics , law , legal profession , political science , professional responsibility , constitution , subject (documents) , meta ethics , professional conduct , normative ethics , nursing ethics , professional ethics , institution , applied ethics , legislation , sociology , library science , computer science
The article states that the bar is a legal institution; stressed the need to instill high moral ideals for future lawyers; it is said that the development of the moral and ethical basis of the lawyer's activity is the subject of lawyer's ethics; noted that questions regarding the ethical principles of advocacy have been the subject of scholarly debate at various times; given the status quo, the subject matter of the study was identified; the role of ethical foundations for the profession of lawyer was determined and determined, the essence of the professional ethics of the lawyer as a whole, the specifics of the lawyer's ethics were investigated; determined that the basis of the lawyer's ethics, considered the moral aspects of the lawyer's activity, taking into account the norms of the current legislation of Ukraine and the Rules of Attorney's Ethics, proposals for improvement of the moral and ethical rules governing the lawyer's activity; it is argued that a lawyer's ethics is a kind of professional ethics of a lawyer; argues that the importance of advocacy ethics is important both in professional communication and at all times; identified the basic components of the legal profession; emphasized that the lawyer should always strive for moral self-improvement; noted the special role of the Rules of Attorney Ethics; The Law of Ukraine "On Advocacy and Attorney-at-Law", the Constitution of Ukraine in the Lawyer's Profession; noted the list of constituent characteristics of the legal profession in accordance with the existing normative documents regulating the said issue, which should not be defiled; it is considered that moral and ethical standards of behavior should be inherent in a person, because thanks to them, the latter will be able to do justly, so awareness of the importance of categories such as honor, dignity, responsibility, competence, conscience, professionalism, corporate ethics help the lawyer to create and maintain business reputation. Based on human considerations, the professional and psychological grounds that would interfere with the lawyer's professional duties include the following: underdeveloped speech, lack of professional knowledge, psychological instability, rudeness, aggressiveness, imbalance. Thus, the most important qualities that a lawyer should have are the following: honesty and integrity, integrity, ethics, modesty and self-criticism; principle and perseverance; moderation; respect for the law, the court and colleagues; lawyer's independence.