Guarantees of Compliance with Professional Ethics by Judge, Prosecutor and Barrister (on the Example of Ukraine) Cover Image

Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)
Guarantees of Compliance with Professional Ethics by Judge, Prosecutor and Barrister (on the Example of Ukraine)

Author(s): Vitaliy Maryukhno
Subject(s): Constitutional Law, Sociology of Law
Published by: Wydawnictwo Adam Marszałek
Keywords: professional ethics; legal guarantees; judge; prosecutor; lawyer; ethical code; legal liability;

Summary/Abstract: The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.

  • Issue Year: 1/2022
  • Issue No: 2
  • Page Range: 76-85
  • Page Count: 10
  • Language: Ukrainian