DISCIPLINARY PENALTIES FOR VIOLATION OF ETHICAL STANDARDS BY LAWYERS IN COURT PROCEEDINGS: CURRENT STATUS AND AREAS FOR IMPROVEMENT

Abstract

The study found that disciplinary sanctions play an important role in the practice of law. The obvious relevance of this topic is explained not only by the need to punish lawyers who have committed disciplinary offences, but also to prevent other lawyers from committing such disciplinary offences in order to minimise the damage that may be caused to the authority of the legal profession in society. The system of disciplinary sanctions that can be applied to lawyers is crucial for maintaining the best possible balance between a lawyer disciplinary offence and their obligation to suffer certain negative consequences for committing such an offence, which must inevitably take place within the framework of legality, proportionality and fairness. Such a system cannot be static, but its reform and expansion must be the result of methodical joint work between the legal community, legislators and academics. The issue of a detailed analysis of disciplinary sanctions that may be applied to lawyers under the current legislation of Ukraine is particularly acute in the current environment, where disciplinary offences and the circumstances in which they are committed are becoming more complex and profound. As a result, the existing list of disciplinary sanctions may not always achieve the purpose of disciplinary proceedings against a lawyer. This has led to increased attention to the circumstances under which a lawyer commits a particular disciplinary offence. The absence of disciplinary sanctions that fully correspond to a particular disciplinary offence committed by a lawyer has multi-level and multi-vector consequences, which are clearly negative for both the lawyer and the legal profession as a whole. The existence of a clear gap between a warning and the suspension of the right to practice law for a period of one month to one year as disciplinary sanctions requires a broad and comprehensive approach today, that can fill this gap while strengthening the authority of the legal profession in society and preserving its autonomy as an independent and self-governing institution.