The Code of Professional Ethics of a Lawyer is a system of moral principles that underlie the activities of a lawyer and serve as his ideological and methodological guideline.

It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. Nevertheless, it is necessary to highlight the basic moral principles, without which a lawyer cannot exist in a rule-of-law state. They form the content of the code professional activity lawyer:

1. The rule of law means the lawyer’s awareness of his mission of serving the law and the law, compliance with the rule of law. A practicing lawyer should not identify the concepts of law and law, but cannot contrast them. He must be guided by considerations that the law in a rule-of-law state is legal, fair, and subject to strict execution. Even if any law, from his point of view, does not fully correspond to the ideas of the rule of law, the lawyer is obliged to stand guard over compliance with its provisions. This can be interpreted as the principle of being bound by law, the priority of law, which cannot be refuted. It is lawyers who are called upon to fight legal anarchy and nihilism, to be “servants” of the law, guardians of the law.

Thus, Article 20 of the Law of Ukraine “On the Police” clearly establishes: “When performing the duties assigned to him, a police officer is guided only by the law, acts within its limits and is subordinate to his immediate and direct superiors. No one has the right to oblige a police officer to perform duties not provided for current legislation." The law acts as a criterion for “lawful” and “illegal” behavior when employees of the Security Service carry out their activities. According to Art. 35 of the Law of Ukraine “On the Security Service of Ukraine” dated March 25, 1992, “employees of the Security Service of Ukraine independently make decisions within the limits of their powers.

They must refuse to carry out any orders, instructions or instructions that are contrary to current legislation."

2. Humane treatment of people is an indispensable principle included in the code of professional ethics of a lawyer. High qualifications alone (diploma and subsequent certifications) are not enough to become a professional legal worker. His caring attitude towards the person he encounters in the process of performing his official duties is important. All people with whom a lawyer communicates due to the nature of his work (witnesses, victims, suspects, clients, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Anyone who, by force of circumstances, is involved in communication with a prosecutor, investigator, judges, lawyer, etc., expects, along with qualified performance of duties, to be treated with respect.

In relation to each specific person, one can promise the moral culture of a lawyer. A respectful attitude towards the individual and his problems allows you to create a special psychological atmosphere of trust and ensure the success of your legal case. The concept of respect that has developed in the moral consciousness of society presupposes: justice, equality of rights, the most complete possible satisfaction of the interests of the individual, trust in him, attentive attitude to his beliefs, problems, sensitivity, politeness, delicacy. Humane treatment of a person by a lawyer includes recognition of the dignity of the individual.

Unfortunately, in practice, the idea that the individual, her honor and dignity are above all, has not completely captured lawyers, this is especially true for some law enforcement officials. Often, police officers in their activities infringe on the rights of victims through inaction on their part, for example, they refuse to register crimes and initiate criminal cases, despite the presence of sufficient grounds for this, etc.

Great harm to the lawyer-client relationship is caused by the bureaucratic thinking of some “servants of the law.” With this approach there is no place for man. For a bureaucrat, a person is, at best, a means of solving socially significant problems, and at worst, an obstacle to solving these problems. A situation arises when, for the sake of the good of society, the rights and interests of the individual are infringed.

Bureaucracy is always anti-democratic, but in law enforcement agencies it contains significant dangers.

ity: here there are immeasurably more opportunities for suppressing personality, here the line separating justice from arbitrariness is more imperceptible. This situation in the law enforcement system can and should be eliminated by restoring its originally intended purpose as a protector of people, a reliable guarantor of justice.

It is advisable to adopt the arguments of A.F. Koni about the relationship between the prosecutor and the participants in the trial. The prosecutor, acting as a prosecutor in court, is obliged to protect both the interests of society and the human dignity of the individual with equal sensitivity and diligence. He must have such qualities as “calmness, absence of personal bitterness against the defendant, neatness in the methods of the prosecution, alien to arousing passions.” “The prosecutor,” emphasizes A.F. Koni, “must remember that both he and the defense attorney have one common goal: to work with the court from different points of view to find out the truth by means available to human forces.”

3. Decency is one of the initial principles of a high moral level of performance of professional powers, meaning an organic inability to commit a dishonest act. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve this goal, the lawyer chooses methods and techniques that do not contradict the norms of law and morality. It is impossible to legally regulate all the nuances associated with legal practice; in some situations, fate and good name depend on the integrity of the investigator, judge, or notary specific person or his loved ones.

The integrity of a professional lawyer is built on such qualities as trust and cwyecmeue, honesty and truthfulness. These qualities must be manifested in all types of relationships: “manager - subordinate”, “between colleagues”, “lawyer - client”.

4. Trust is a person’s attitude towards the actions of another person, towards him in general, and is based on the conviction of his rightness, fidelity, integrity, honesty.

Some managers see their subordinates as only executors of their will, forgetting that these are, first of all, people, with their own problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially when the boss allows himself to be rude towards him. An intolerant situation in a team creates conditions under which callous

arrogance and rudeness are transferred to colleagues, to communication with other people. In order to avoid this, the manager must show constant concern for each member of the team. Sometimes he is simply required to show interest in the problems in the subordinate’s family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. With this approach, the subordinate realizes that the interests of the business are also his interests.

Trust between colleagues plays a huge role, since despite the apparent individuality of a lawyer’s work, a positive result in resolving a legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people.

Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and readiness to contribute to their implementation (for example, knowing about the insufficient experience of his young colleague, provide him with all possible assistance in difficult situations).

Trust and empathy towards clients is one of important ways establishing psychological contact. A person will cooperate with a lawyer (investigator, lawyer) when he understands that he is in contact with a person who empathizes with him and wants to help by establishing the truth in the case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor. Trust and sympathy for a person are the criteria for choosing a preventive measure by the investigator, prosecutor, judge, as well as determining the type of punishment, based primarily on the requirements of the law.

5. Honesty presupposes adherence to principles, loyalty to accepted obligations, subjective conviction in the rightness of the work being carried out, sincerity to others and to oneself, recognition and respect for the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of his own or members of his family, creating all conditions for protection, promising to complete the case no matter how hard it is to do it.

Honesty is the key to moral relations in legal practice. This requirement follows from the objective necessity

mileage joint activities, subordinated to the general interest - establishing the truth.

6. The truthfulness of a lawyer is moral quality, characterizing him as a person who has made it a rule for himself to tell people the truth, not to hide the real state of affairs from them, if this does not harm the interests of the citizen and the state.

Truthfulness is a universal requirement, however, certain types of legal activity, due to their specificity, require some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legendization of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Revealing the plan of an ongoing operation to a criminal cannot be called a moral act. In some cases, it can be considered acceptable and justifiable to deceive one’s colleagues if the case under consideration is related to the corruption of officials in order to avoid pressure from “interested parties.”

7. Selflessness - is expressed in actions that, by their nature, represent an act of self-sacrifice - voluntary sacrifice of one’s interests, and sometimes life, for the sake of the interests of other people, achieving set goals, in the name of justice.

In conditions transition period of our society and state, accompanied by instability in the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become models in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they receive satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, successful defense of a client in court, etc. Thus, the act of a law enforcement officer who enters into an unequal fight with the enemy and sacrifices his health, sometimes does not, at first glance, have a significant practical effect, but its moral value is immeasurably great. Such an act has a strong impact on the consciousness and behavior of all members of society - both law-abiding and criminals.

Introduction

1. General provisions and meaning of the Code of Professional Activity of a Lawyer

Conclusion

3. Decency is one of the initial principles of a high moral level of performance of professional powers, meaning an organic inability to commit a dishonest act. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve any goal, a lawyer chooses methods and techniques that do not contradict the norms of law and morality. It is impossible to legally regulate all the nuances associated with legal practice, therefore, outside of which situations, the fate and good name of a particular person or his loved ones depends on the integrity of the investigator, judge, or notary.

The integrity of a professional lawyer is built on such qualities as trust and empathy, honesty and truthfulness. These qualities must be manifested in all types of relationships: “manager-subordinate”, “between colleagues”, “lawyer-client”.

4. Trust is a person’s attitude towards the actions of another person, towards himself, and is based on the conviction of his rightness, fidelity, integrity, and honesty.

Some managers see in their subordinates only executors of their will, forgetting that these are, first of all, people with inherent problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss is often rude to him. This intolerant atmosphere in the team creates conditions under which callousness and rudeness are transferred to their colleagues and to communication with other people. In order to avoid this, the leader must show constant concern for each member of the team. Sometimes he is simply required to show interest in the problems in the subordinate’s family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the business are his interests.

Trust between colleagues plays a huge role, since despite the apparent individuality of a lawyer’s work, a positive result in resolving any legal matter can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation.

Trust and empathy towards clients is one of the important ways to establish psychological contact, since a person will only want to cooperate with a lawyer (investigator, lawyer) if he understands that there is a person opposite him who empathizes with him and wants to help by establishing the truth according to business. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of his interlocutor, fawn over him. It is trust and sympathy for a person that are the criteria for a lawyer (investigator, prosecutor, judge) to choose a preventive measure, as well as to determine the type and measure of punishment, based primarily on the requirements of the law.

5. Honesty presupposes adherence to principles, loyalty to accepted obligations, subjective conviction in the rightness of the work being carried out, sincerity to others and to oneself, recognition and respect for the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, promising to complete the case no matter how hard it is to do it.

Honesty is the key to moral relations in legal practice. This requirement follows from the objective necessity of joint activity, subordinated to a common interest - the establishment of truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the actual state of affairs from them, if this does not harm the interests of the individual and the state.

Truthfulness is a universal requirement, however, certain types of legal activity, due to their specificity, require some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legendization of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Revealing the plan of an ongoing operation to criminals cannot be called a moral act. In some cases, it can be considered acceptable and justifiable to deceive one’s colleagues if the case under consideration is related to the corruption of officials in order to avoid pressure from “interested parties.”

7. Selflessness - is expressed in actions that by their nature represent an act of self-sacrifice - voluntary sacrifice of one’s interests, and sometimes even one’s life for the sake of the interests of other people, achieving set goals, in the name of justice.

In the conditions of the transition period of our society and state, accompanied by instability in the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become models in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they receive satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, successful defense of a client in court, etc. Thus, the practical effectiveness of the act of a law enforcement officer who enters into an unequal struggle with the enemy and sacrifices his health is very small, but his moral value is great, because its moral consequences have a strong impact on the consciousness and behavior of all members of society, both law-abiding, as well as for criminals.

2. Ethical rules of conduct for a lawyer with colleagues and clients

In order for the legal profession to have the opportunity to fulfill its mission, to really influence the rise in the prestige of its profession, it must be united. Presenting a complete list of those actions that a lawyer should perform in relation to his colleagues in certain conditions, and those from which he should refrain, is not the purpose of this work; life is always richer than any instructions and rules.

A lawyer's conduct towards other lawyers must be based on respect and goodwill. Sometimes a lawyer is approached by a client who has previously used another lawyer. Ethically speaking, a lawyer accepting assignment from such a client should contact his or her colleague. The need to warn a colleague about possible difficulties, be it the individual characteristics of the client, or some not immediately noticeable legal circumstances of the case, is the moral, ethical responsibility of the lawyer. Under no circumstances, even if there is a corresponding request from the client, a lawyer who has transferred an assignment to another lawyer has the right to hide from the lawyer accepting such an assignment the presence of circumstances that objectively prevented the first from further conducting the case.

Lawyer ethics requires that under no circumstances should one allow disrespectful or offensive comments regarding the business or personal qualities of one’s colleague when communicating with anyone. It is obvious that any biased criticism or criticism without the need of any other lawyer, as well as criticism for the purpose of advertising, is unacceptable. At the same time, if one lawyer caused damage to the client through his actions, corporate solidarity should not prevent another lawyer from taking on the case of judicial recovery from the culprit for the resulting losses.

Tolerance presupposes a special attitude towards disputes. A lawyer must always remember that any ill feelings existing or arising between clients, especially during a trial, should not influence the lawyer in his behavior either towards other lawyers or towards clients. Personal animosity between attorneys involved in a particular case may interfere with the proper handling of the case and cause the court's decision to be influenced by emotions.

The lawyer should avoid trying to use indiscriminately the mistakes of the second party’s lawyer, his mistakes, violations, especially if they do not affect the essence of the case and do not violate the rights of the client. Remarks of a personal nature between lawyers, critical attacks against a colleague regarding his lack of professionalism, little professional experience as opposed to his own professional merits during the trial should be regarded as unacceptable. As in most other cases, compliance with these rules is important both for the lawyer himself and for the entire legal profession as a whole. You cannot expect anyone to respect an organization if its members themselves do not respect each other.

An attorney shall not communicate or attempt to discuss a disputed matter directly with another party to a case represented by another attorney except through or with the consent of that attorney. The use of audio or video recordings in a manner inconsistent with your colleague is also unacceptable. Another thing is that in some cases a lawyer has the right to insist on making such a recording, but not to do it secretly.

Quite large practical significance The lawyer also has personal responsibility to his colleagues and the court for improper use of the provisions of the procedural law. This is both saving a colleague’s procedural time and basic respect for him, for the court and for the parties involved in the dispute.

The rule of legal ethics should be recognized as the willingness on the part of the lawyer to provide maximum assistance to his colleague in his professional activities, to help with advice in determining the legal position, in analyzing a complex legal dispute or conflict. At the same time, the lawyer must not forget about the so-called sense of tact. It happens that a lawyer, handling a complex, multifaceted client’s case, resorts to the help of another colleague, and this help goes beyond the advisory function on a specific issue and extends to resolving issues not related to it - general tactics of conducting the case, etc. . Discussing these and similar issues only with your colleague is not outside the rules, but discussing these issues with a client, as well as any others, except for the one on which he was invited to express his opinion, is tactless and, accordingly, contrary to the rules of lawyer ethics.

The duties of each lawyer also include immediate response to requests from the governing body of the territorial board on any issue within the competence of the latter, because The lawyer and the presidium of the board are also bound by ethical obligations.

Client trust is the basis of the relationship with a lawyer. From the first minutes of the conversation, the client should feel that the lawyer is not his judge, but an assistant, that he is making the client understand that his duty and duty is to provide legal assistance to anyone who applies, regardless of what he has done or what he is accused of. He must always act in the interests of the client, informing him of the case file so that he can make informed decisions to protect his interests.

Ensuring high standards of trust in relations with the client, he is obliged to observe attorney-client privilege and maintain confidentiality with respect to information received from the client. He cannot use the information received from the client for personal purposes and maintains confidentiality even after the completion of the case. The principle of attorney-client privilege is established by law.

It is a legal norm that, in a number of cases, determines the rights and obligations of participants in procedural activities in the administration of justice. This procedural rule has deeply moral content. Clause 5, Part 3, Art. 6 of the Law on the Bar establishes that a lawyer must not disclose information communicated to him by the client in connection with the provision of legal assistance, without the consent of the client.

This rule, which is of a fundamental nature, is also specified in the Civil Procedure Code and the Criminal Procedure Code, establishing witness immunity for lawyers in civil and criminal proceedings.

However, if the lawyer who accepted the assignment, in the course of working on the case, discovers that the client does not comply with honesty and truthfulness on all issues discussed, he has the full moral and legal right to refuse to further conduct the case.

Any actions or inaction of a lawyer that led to the client having an incorrect idea about the correctness of his position, the prospects for a trial or a dispute, is a serious violation of lawyer ethics, because Such facts undermine the trust not only of a given client in a given lawyer, but also of society as a whole in the legal profession as an institution.

He has no right either to lie to the client or to hide from him those circumstances that the client does not ask about, but which, in the opinion of the lawyer, have any direct or indirect relation to the case of the client who applied.

The ethics of a lawyer’s behavior in providing qualified legal assistance to citizens and legal entities has a number of features. Most often, the first meeting with a client occurs during a consultation, so the lawyer’s important adherence to the rules of conduct and a professional approach to counseling is the most important for further joint cooperation.

When starting to directly advise a client, a lawyer must remember that his task is not only to give the right advice, but also to make sure that this advice is correctly understood. The lawyer's advice must be understandable and clear, clearly expressing his legal position, and must also contain the possible result of the judicial consideration of the dispute.

The lawyer should clearly state the facts, circumstances and assumptions on which his view is based, especially when the circumstances reported by the client do not imply the need for a full investigation. legal research, entailing significant costs for the client.

The lawyer must investigate the issue in sufficient depth so that he can express his competent opinion, and not simply comment with many reservations. We must not forget that a lawyer should always be critical of the information provided by the client, on the assessment of which his consultation will be based, if such information is not documented.

If a client expresses a desire to obtain advice from another lawyer on a problem that interests him, the lawyer is obliged to provide him with all possible assistance in this.

When consulting, sometimes the lawyer also has questions, because... It is unrealistic to have perfect knowledge in law enforcement practice. If a lawyer speaks directly about his desire to consult with his colleague, then he will gain respect for himself and insure himself against his possible mistakes.

The lawyer must choose the best way for the client to solve the problem, help him choose and recommend to the client the simplest and most economical of them, saving him from the need to get involved in a lengthy legal battle (of course, provided that this method does not violate any legitimate interests of the client) .

Cases where a lawyer’s recommendations to initiate or continue litigation on a dispute were dictated by the lawyer’s personal selfish interest in receiving additional fees should be regarded as an extremely serious violation of the requirements of the rules of the Code of Professional Ethics for Lawyers.

Selectivity in choosing cases exists, but the evaluation criterion is on a different plane. A lawyer should definitely not choose cases if:

– a person with whom the lawyer has a family (inherent) relationship takes part in the investigation and resolution of the case;

– the lawyer in this case has previously provided legal assistance to a person whose interests conflict with the interests of the person who requested the conduct of the case, or previously participated in the case as a judge, witness, prosecutor, expert, translator or court secretary;

– a civil case is connected with a criminal case in which the lawyer previously participated as a person conducting an inquiry, investigator, witness or public prosecutor;

– a lawyer is in a related (inherent) relationship with another lawyer who, in the same case, provides legal assistance to a person whose interests conflict with the interests of the applicant.

A lawyer should not reject a client's offer to accept assignment on his case simply because the client and his problem are unpopular or uninteresting, or because the interests of high-ranking or influential persons are involved in the case, or because the lawyer is confident of the guilt of the accused. Professional legal assistance must be available and provisions must be made for the most important rule provision on the inadmissibility of unreasonable refusal to accept an order.

The general rule regarding the actions of a lawyer in a situation where a conflict of interest may arise can be formulated as follows: a lawyer should not advise or simultaneously represent the interests of opposing parties in a dispute, or act in any way on a matter in which a conflict of interest is or may be present. parties unless such action has been expressly approved by both parties.

In this case, the experience of other countries is interesting. In Western law firms There is a clear procedure to help a lawyer avoid a conflict of interest situation. As soon as one of the lawyers accepts an assignment on a case, he sends out a memorandum throughout the firm in which he notifies his colleagues about who has become his new client and for what case.

On the one hand, this memorandum allows you to instantly identify a real conflict of interest if one of your colleagues has already accepted the case; on the other hand, such a memorandum will serve as a warning to colleagues that in a dispute that has arisen, the firm (bureau) is already representing the interests of one of the parties.

The rule on conflict of interest can be ignored by a lawyer in the case where the parties, one of whom is his client, have appointed him as an arbitrator, doing so in the manner prescribed by law. In this case, the lawyer does not act as a “private attorney” for one of the parties, but as an independent lawyer mutually elected by the parties.

3. Ethics of behavior of a lawyer during participation in a trial

One of the most important ethical rules, of course, should be recognized as a lawyer’s conscientious attitude towards the court. It applies to both the conduct of a lawyer in criminal and civil proceedings. It is interesting to note that in relation to civil proceedings, the law obliges persons participating in the case to exercise their rights in good faith.

The ethical standards governing a lawyer's behavior in court are quite simple and obvious. While maintaining due respect for the court, a lawyer is obliged to protect the interests of the client in good faith and with the maximum benefit for him, but without going beyond the framework provided by law.

Briefly, these rules could be formulated as follows. The court must be respected, it must not be deceived, it must be obeyed. The procedural opponent is not an enemy, he must be treated with respect, not subjected to insults (not only in the criminal legal, but also in the everyday sense of the word), ridicule, his procedural rights should be respected and taken into account.

Any deception of anyone by a lawyer is unacceptable, the use of false evidence is prohibited, and “preparation” of witnesses is not permitted. The best way resolution of the dispute is peaceful. Adhering to the rule of good faith towards the court, a lawyer should not attempt to deceive or participate in deceiving the court.

A lawyer cannot and should not influence the course of justice by giving falsified testimony, falsifying facts, knowingly presenting false documents, giving (advising) false testimony or evidence, knowingly for the lawyer an incorrect, inaccurate interpretation of the provisions of the law or regulations, or judicial practice, consciously assert something for which there is no reasonable basis in the evidence available to the court and/or the evidence presented to it, or assert something that only needs to be proven and/or motivated.

Attention should be paid to the lawyer’s compliance with the rules regarding the questioning of witnesses. It is unacceptable for a lawyer to dissuade witnesses from testifying or to recommend such witnesses not to be present in court, to knowingly allow a witness to give knowingly false or incomplete testimony to the court, to unnecessarily, abusing his position, to find fault with witnesses, to accuse them of giving inaccurate or false testimony, to question them issues concerning them personal life, without the need to convince witnesses of anything, to enter into disputes and bickering with witnesses.

At the same time, a clear line should be drawn between such techniques and actions and completely acceptable and justified actions of a lawyer based on the use of his achievements modern psychology and psychoanalysis.

A lawyer may, through lawful means and methods, seek out sources of information and obtain information from any potential witness, demonstrate to such person his interest in obtaining the information as a lawyer, and take measures not to suppress the desire of any potential witness to testify, as well as do not encourage a witness to try to avoid appearing in court if called.

The lawyer must not approach, come into contact with or have any relationship with opposite side, which is represented by a professional lawyer, except through this lawyer, as well as to perform the same actions with the consent of the second party’s lawyer, but without the prior consent of his client to carry out such actions.

A lawyer does not have the right to unreasonably refrain from informing the court about any relevant circumstances unfavorable for the other party that may be taken into account when making a court decision and which were not mentioned by his opponent. Any agreement between a lawyer in this regard and the other party, including the lawyer representing its interests, is unacceptable.

Such silence about the legally significant circumstances of the case cannot be justified either by the lawyer’s personal sympathy for the other party or antipathy towards the person whom the lawyer represents in the process, or by friendship between lawyers, or by their corporate solidarity. Any other behavior should be regarded as a betrayal of the client’s interests, an abuse of his trust, which he expressed to this lawyer by choosing him as his defender and representative in court.

Conclusion

The legal profession occupies its own special and rather unique place in the social and state structure. The legal profession is not an element of government in the traditional sense of the word; it is invested with the trust of society and at the same time with the trust of the state.

The Bar, by and large, is a self-regulating and independent organization, a professional union of human rights defenders. The special rights of the legal profession naturally imply special responsibilities. The legal profession has a public responsibility to improve society, to introduce into the consciousness of citizens (both ordinary people and senior government officials) a legal culture, respect for the law, and the need to respect the rights of others.

A lawyer must help improve the functioning of the justice system and increase public respect for it.

A lawyer, using his experience, professional skills and knowledge, can formulate an informed point of view on how laws work, including the effectiveness of existing judicial remedies, the system of punishments, resolved disputes and criminal cases, and reforms being carried out legal system, about the strengths and weaknesses of existing legal institutions and state power. Such comments are useful in ensuring a better public understanding of the legal aspects of the issues. All his judgments must be aimed at improving the system of protecting the rights and interests of citizens and organizations and be justified.

A lawyer who wishes to act in the interests of society should support only those changes that, in his opinion, are truly aimed at changing the legislation or the judicial system in the interests of the majority of citizens.

A lawyer can also act as a defender of the interests of various social groups with the goal of making changes to current legislation, management policies, or attracting public attention to any issue. It also appears that in these cases the lawyer has the right to comment on the development of the case. A lawyer should avoid making statements or proposals for changes in the judicial system that could lead to discredit both the lawyer himself and the entire legal profession and the justice system in the eyes of the public.

In conclusion, I would like to summarize the significance of the problem considered here. The existence of a free society and free man It is almost impossible without competent and independent lawyers. Due to the special importance of the mission performed by lawyers, the professional and ethical requirements placed on them go beyond the requirements that must be fulfilled by simply a law-abiding citizen. A lawyer is obliged to perform his duty with dignity, honesty, independence, due professional level and with the necessary care, and is also obliged to maintain professional secrecy. Morality, competence and independence are the essence of the legal profession. Achieving these high but vital requirements for the personality of a lawyer should be at the core of the activities of every legal community.

References

1. Constitution of the Russian Federation [Text]: adopted by popular vote on December 12, 1993. – M.: Prior, 2009. – 58 p.

2. On advocacy and the legal profession in the Russian Federation: federal law [adopted by the State Duma on May 31, 2002 No. 63-FZ] (as amended on July 23, 2008). // SPS Garant.

3. Advocacy and advocacy in the Russian Federation [Text]: textbook / M.B. Smolensky. – Rostov-on-Don: Phoenix; 2007. - 378 p.

4. Galoganov, A.P. About the Code of Professional Ethics for Lawyers [Text] / A.P. Galoganov, I.L. Trunov. // Advocate. -2005. - No. 3. - P. 13 – 22

5. Code of Professional Ethics for Lawyers. Adopted by the first All-Russian Congress of Lawyers on January 31, 2003 [Electronic resource] // SPS Consultant

6. Constitution of the Russian Federation: scientific and practical commentary [Text]./ Pod. ed. Academician B.N. Toporkina. - M.: Yurist, 2006. – 438 p.

7. Kuzmina, N.G. Law on the Bar: Problems of Theory and Practice [Text] / N.G. Kuzmina // Lawyer. 2002. No. 11. – P.16-23.

8. Materials round table“Federal Law “On Advocacy and Advocacy in the Russian Federation” [Text] // Arbitration practice. 2007. No. 9. - pp. 47-55.

9. Piksin, N.N. The right to receive qualified legal assistance. Procedural aspects [Text] / N.N. Piksin // Arbitration practice. - 2006. - No. 5 (38). - P.42-53.

10. Sergeev, V.I. Lawyer and legal profession [Text]: textbook / V.I. Sergeev. – M.: Unity, 2007. – 427 p.

Galoganov, A.P. About the Code of Professional Ethics for Lawyers [Text] / A.P. Galoganov, I.L. Trunov. // Advocate. -2005. - No. 3. - P. 13

Galoganov, A.P. About the Code of Professional Ethics for Lawyers [Text] / A.P. Galoganov, I.L. Trunov. // Advocate. -2005. - No. 3. - P. 14

Sergeev, V.I. Lawyer and legal profession [Text]: textbook / V.I. Sergeev. – M.: Unity, 2007. P.218

On advocacy and the legal profession in the Russian Federation: federal law [adopted by the State Duma on May 31, 2002 No. 63-FZ] (as amended on July 23, 2008). // SPS Garant

Galoganov, A.P. About the Code of Professional Ethics for Lawyers [Text] / A.P. Galoganov, I.L. Trunov. // Advocate. -2005. - No. 3. - P. 14

Piksin, N.N. The right to receive qualified legal assistance. Procedural aspects [Text] / N.N. Piksin // Arbitration practice. - 2006. - No. 5(38). - P.42

Galoganov, A.P. About the Code of Professional Ethics for Lawyers [Text] / A.P. Galoganov, I.L. Trunov. // Advocate. -2005. - No. 3. - P. 15

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Introduction

1. The concept of professional ethics

2. Professional moral consciousness of a lawyer

Conclusion

List of used literature

Introduction

In his professional activities, a lawyer is constantly faced with ethical issues, since in the sphere of his attention there is a huge mass of people, among whom there are people with deformed moral foundations, with antisocial attitudes, with distorted destinies, or people who find themselves in tragic circumstances. These people are usually in an agitated or helpless state. Therefore, the authority of the law largely depends on the authority of lawyers - people who personify the law, on their professional skills and moral qualities.

In modern conditions, studying the moral aspects and problems of the profession is necessary for every lawyer, since the decisions they make must be not only legal, but also fair. The set of moral norms, regulations, codes, scientific theories about the proper behavior of a representative of a particular profession, his moral qualities and professional responsibilities is studied - professional ethics.

The purpose of this work is to consider the features of professional and moral consciousness in society and the ethical code of a lawyer.

To achieve this goal, it is necessary to solve the following tasks:

Give a general concept of professional ethics;

Consider the features of professional and moral consciousness in society;

Study the code of professional ethics in legal practice.

The work consists of an introduction, three chapters of the main part, a conclusion and a list of references.

1. Conceptprofessionalethics

IN modern society personal qualities of an individual begin with his business characteristics, attitude to work, and level of professional suitability. All this determines the exceptional relevance of the issues that make up the content of professional ethics.

Professional ethics is a set of moral standards that determine a person’s attitude towards his professional duty. Professional ethics regulates the moral relations of people in the labor sphere. Society can function normally and develop only as a result of the continuous process of production of material and moral values.

The professional ethics of a lawyer is a set of moral ideas and attitudes that are manifested in the behavior of representatives of a certain social group of society - lawyers, due to their belonging to this profession. A lawyer’s professional ethics is formed on the basis of the interrelation and interdependence of legal and moral principles, norms, legal and moral consciousness. At the same time, along with the general norms of moral relations in any professional activity, legal ethics formulates additional requirements and norms arising from the qualitative uniqueness of the legal profession.

Since moral problems always accompany people in the legal profession, independence and subordination only to the law form the most important principle of the activities of the justice authorities, which has a significant impact on its moral content.

People who are entrusted by law with the permission of social and interpersonal conflicts, bear increased moral responsibility for their actions and decisions, therefore the professional and moral consciousness of a lawyer needs to be considered in more detail.

2 . Professionallyemoralconsciousnesslawyer

In general, professional morality is a historically established set of moral precepts, norms, commandments, and codes on the proper behavior of representatives of certain professions.

Lawyer morality is one of the types of professional morality, which is integral part general morality, has its own specifics and has only relative independence, since it represents the unity of universal and specifically professional moral requirements.

The basis of professional morality is the professional moral consciousness of a person. It enjoins upon men certain conduct and actions as their duty; gives an assessment of various phenomena of social reality (an action, its motives, behavior, lifestyle, etc.) from the point of view of compliance with moral requirements, which is expressed in approval or condemnation, praise or blame, sympathy and hostility, love and hatred.

Usually there are two components of professional moral consciousness:

Normative - is a system of norms, principles, requirements that regulate the relationships of professionals with each other and with society. The normative aspect of professional consciousness can be traced in the system of professional ideology, i.e. a set of requirements that society places on professional specialists, as well as a system of norms governing the relations of specialists among themselves;

Individual-personal - based on individual moral principles, beliefs and values ​​in the field labor activity. The individual-personal aspect of professional consciousness manifests itself as professional psychology, i.e. individual beliefs of specialists who have become part of the general ideological image of their system of views related to work and their own vision of their professional responsibilities.

In modern scientific literature, the individual-personal aspect of professional consciousness is often characterized as professional self-awareness, and is considered as part of the general self-awareness of the individual, representing the development of the individual’s ideas about his professional qualities which she needs for her professional activities.

The structure of professional moral consciousness includes two main elements: moral consciousness and legal consciousness:

1) Moral consciousness is a form of social consciousness, which is a system of views, ideas, ideas about proper behavior that corresponds to social interests. Compared to other forms of social consciousness, moral consciousness can have an active impact on people’s everyday behavior.

Moral consciousness is generated by needs social development, and above all, the need for regulation public life people and their relationships. It contains an assessment from the position of a developed value system and is based on a certain set of moral norms, principles, traditions, and ideals.

Moral consciousness considers phenomena and actions from the point of view of their dignity and value, expresses its positive or negative attitude towards them, condemns or approves of them.

It is characteristic of the ordinary moral consciousness of an individual that it initially bears a strong imprint of the microenvironment (family, home). With the release of the individual from the influence of the microenvironment, moral consciousness is enriched with deeper moral concepts, problems and standards. Only at the ordinary level does moral consciousness assert itself through professional primacy, professional self-determination and expression.

At the theoretical level, moral consciousness acquires an ideological, ideological character, which manifests itself in various conceptual forms: law, politics, religion, science, ethics. Moral consciousness at the theoretical level can manifest itself as a certain concept of a person, from which corresponding moral standards are derived.

There are levels of personal morality:

There is a perception of public duty as one’s personal, conviction in the truth of the social and personal value of social standards;

Conscious attitude towards social standards, submission to social requirements, supported by a system of material and moral incentives;

Perception of public standards as external, alien. This is a type of alienated moral consciousness; the concept of responsibility for this type of people is associated only with guilt for what they have done;

A type of criminal behavior that ignores not only moral, but also legal norms. People of this type may have the attributes of external culture and follow the rules of etiquette, but at their core they are asocial.

2) Legal awareness is a professional element and is also one of the forms of social consciousness, reflecting reality in the form of legal knowledge, legal guidelines that regulate human behavior in legally significant situations.

Legal awareness also includes levels:

Emotional-sensual - represented by legal psychology, which is a set of feelings, habits, moods that characterize the individual’s attitude to various legal phenomena of life and society;

Rational - represented by legal ideology, a set of concepts, views, ideas related to legal activity.

The central component of legal consciousness is the value attitude to the law in general, to its norms, to the practice of their application, to one’s own legal behavior.

The content of professional moral consciousness includes a system of conscious professionally necessary generalized and operational knowledge about the goals, means, plans and programs of professional activity, about the objects and subjects of professional interaction, about the parameters and standards for assessing the effectiveness of professional activity. The specificity of professional consciousness is the presence in it of certain groups of elements that depend on the content of professional activity within a particular profession.

At the same time, professional moral consciousness can be viewed through the system of basic categories that form its frame. These are: professional duty and professional conscience; professional dignity and professional responsibility; professional justice; professional tact, etc.

The initial concept of professional ethics is the concept of professional duty, which details the official duties of a lawyer. It is the awareness of one’s official duty that encourages one to treat one’s work with the greatest responsibility, to take into account many specific nuances of the relationship between the individual and society, the individual and the team.

Professional conscience is the ability of a lawyer to critically evaluate the results of his work from the standpoint of universal moral values.

Professional dignity constitutes a self-assessment of one’s activities and reflects a specialist’s deep awareness of the significance of his profession in a complex system of social relations.

Professional justice is expressed in the ability of a specialist to be objective in various professional situations. Professional justice is especially important in the legal profession (for example, a judge making a decision on behalf of the state).

In addition, professional moral consciousness is an element of the professional culture of lawyers, therefore, each specialist must have the necessary amount of legal knowledge, the ability and skills to apply the law, and the habit of complying with legal regulations in accordance with their letter and spirit.

Thus, we can conclude that the characteristics of the legal profession necessitate the existence of legal ethics; that professional morality and professional ethics help to concretize and realize moral values ​​in complex, unusual conditions of activity of a certain type of profession.

Professional ethics does not form new principles or new concepts of moral consciousness; it “adapts” already known principles and concepts to specific areas of human life. It should be noted that professional morality and professional ethics are an important component of moral culture.

In the conditions of the transition period of our society and state, accompanied by instability in the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become models in the performance of their professional functions.

So, the existence and activity of the legal community is impossible without compliance with professional ethics, concern of lawyers for their honor and dignity, as well as for the authority of lawyers. The above components are reflected in codes of professional ethics, which we will discuss in more detail in the next chapter.

professional ethics lawyer legal awareness

3. Codeprofessionalethicslawyer

The Code of Professional Ethics for a Lawyer is a system of moral principles that underlie the activities of a lawyer and serve as his ideological and methodological guideline.

In their structure, ethical codes are quite heterogeneous. Some of them are only a short list of moral duties. However, for the most part, codes of professional ethics are well-structured acts. They contain a preamble, sections that thematically combine obligatory and prohibitory norms, as well as procedural regulations. Thus, the Code of Professional Ethics for Lawyers, in addition to the Preamble, consists of two sections: the first section establishes principles and norms professional behavior lawyer; the second regulates the procedural basis of disciplinary proceedings.

General requirements for the conduct of a judge (comply with the Constitution of the Russian Federation and current legislation, as well as generally accepted norms morality, to maintain personal dignity in any situation)4

Requirements for a judge when carrying out professional activities (conscientiousness, politeness, tact, respect for the participants in the process);

Requirements for a judge outside the scope of official activity (decency, honesty, independence).

It is not possible to give an exhaustive list of all the moral principles of a lawyer, but there are basic moral principles without which a professional lawyer cannot exist in a rule-of-law state. The basic principles laid down in the content of the code of professional activity of a lawyer: the rule of law, humane attitude towards people, decency, trust, honesty, truthfulness.

The undoubted advantage of codes of professional ethics is the fact that they contain clear answers to the most frequently encountered questions in professional activities that are complex from a moral and ethical point of view (for example, “How should a judge build his relationship with the media?”). At the same time, ethical codes are not exhaustive regulations containing instructions for all occasions. The codes state that in complex or controversial matters not regulated by law or code of professional conduct, a person may seek advice from the appropriate body in his or her community. For example, according to Art. 4 of the Code of Professional Ethics for Lawyers, if a lawyer is not sure how to act in a difficult ethical situation, he has the right to contact the Council of the relevant chamber of lawyers of the subject Russian Federation for clarification, which cannot be refused.

Most codes of professional ethics address issues of disciplinary liability. A disciplinary offense is a violation of the norms of the code of ethics, expressed in the failure of a specialist to fulfill the duties assigned to him or in the violation of established prohibitions. As an example, consider the Code of Professional Ethics for Lawyers, which was adopted in order to maintain the professional honor of lawyers and the awareness of their moral responsibility to society. The norms contained in it complement the rules established by the Federal Law “On advocacy and the legal profession in the Russian Federation.”

The Code of Professional Ethics for Lawyers establishes mandatory rules of conduct for each lawyer when carrying out legal activities, as well as the procedure and grounds for holding a lawyer accountable for violations committed. The Code of Professional Ethics for Lawyers includes two sections consisting of 27 articles.

The first section regulates the norms and principles of professional conduct of a lawyer, such as qualifications, honesty and integrity. So, in accordance with Art. 5 professional independence of a lawyer is a necessary condition trust in him. Breach of trust is incompatible with the title of lawyer. In Art. 6 of the code establishes a list of information constituting attorney-client privilege. There can be no trust in a lawyer without confidence in maintaining professional secrecy. Maintaining professional secrecy is an absolute priority for a lawyer. In Art. 8 states that when carrying out professional activities a lawyer:

Honestly, reasonably, conscientiously, qualifiedly, principled and timely, fulfills his duties, actively protects the rights, freedoms and interests of principals by all means not prohibited by law, guided by the Constitution of the Russian Federation, the law and the Code;

Respects the rights, honor and dignity of persons who turn to him for legal assistance, clients, colleagues and other persons, adheres to a demeanor and style of dress appropriate for business communication.

In this case, the lawyer does not have the right (Article 9):

Act contrary to the legitimate interests of the principal, provide him with legal assistance, guided by considerations of one’s own benefit, immoral interests or under the influence of external pressure;

Take a position in the case that is opposite to the position of the principal and act contrary to his will;

Make public statements about proof of guilt if he denies it;

Disclose without the consent of the principal information communicated by him to the lawyer in connection with the provision of legal assistance to him;

Accept orders for the provision of legal assistance in quantities that are obviously greater than the lawyer is able to fulfill;

To impose one’s assistance on persons and to attract them as trustees by using personal connections with judicial and law enforcement officials, promising a successful resolution of the case and other unworthy means;

To make statements during the proceedings that belittle the honor and dignity of other participants in the proceedings, even if they behave tactlessly;

Acquire in any way for personal interests property and property rights that are the subject of a dispute in which the lawyer takes part as a person providing legal assistance.

Article 10 states:

1. Law and morality in the legal profession are higher than the will of the client. No wishes, requests or instructions from the principal aimed at non-compliance with the law or violation of rules can be fulfilled by the lawyer.

2. The lawyer does not have the right to give the applicant promises of a positive result in fulfilling the assignment, which may indicate directly or indirectly that in order to achieve the goal, the lawyer intends to use means of not performing his duties in good faith.

3. A lawyer should not accept an assignment if its execution will interfere with the execution of another previously accepted assignment.

4. A lawyer should not place himself in debt dependence on the client.

5. A lawyer should not allow familiar relations with the client.

6. If the assignment is canceled, the lawyer must immediately return to the principal all original documents received on the case and the power of attorney, etc.

The Lawyer's Code of Professional Ethics also regulates situations in which it is necessary to provide legal assistance to persons with different interests (conflict of interests). If the possibility of a conflict of interest arises, the lawyer must obtain the consent of all parties to the conflict relationship in order to continue executing the assignment (Article 13).

The Code also specifies a number of unacceptable characteristics that lawyers do not have the right to tolerate in their public speaking, and in private conversations.

Without strict adherence to corporate discipline and professional ethics, the existence and activities of the legal community are impossible. Therefore, Section 2 of the Code of Professional Ethics for Lawyers regulates the procedural basis of disciplinary proceedings against a lawyer: the grounds and procedure for bringing a lawyer to disciplinary liability, the course of disciplinary proceedings, the timing and methods of appealing decisions to impose disciplinary liability.

Sanctions for misconduct can be very different and range from reprimand to exclusion from the professional community. In Western countries, the consequences of violating ethical codes are more severe than in Russia. The point is that in foreign countries the professional community issues licenses to engage in certain activities. Accordingly, deprivation of a license makes it impossible to work in the specialty. Similar consequences are established in some Russian ethical codes. Thus, violation of the provisions of the Code of Judicial Ethics may lead to early termination of the powers of a judge, and for failure to comply with the provisions of the Code of Professional Ethics for Lawyers, in addition to reprimands and warnings, termination of the status of a lawyer is provided.

In conclusion, we note that the code of ethics is the most important regulatory act that regulates professional activities on a par with current legislation. Although the Code of Ethics is not a law in full (according to the order of its adoption), it nevertheless contains legal norms established for a separate group of people (for example, the legal community), which has undertaken to comply with it along with other laws; therefore, it is also binding for others citizens whose interests relate to the issues that it regulates.

Conclusion

Thus, concluding the work, we briefly note the following.

Professional ethics is the science of professional morality as a set of ideals and values, ideas about what should be, ethical principles and norms of behavior that reflect the essence of the profession and ensure mutual relationships between people that develop in the process of work and stem from the content of their professional activities. The basis of professional morality is professional moral consciousness, which is a set of basic moral norms, requirements, ideals, ideas addressed to the profession and designed to regulate the professional relations of people, to correlate narrow professional requirements with general moral norms.

The specificity of professional consciousness is the presence in it of certain groups of elements that depend on the content of professional activity within a particular profession.

The structure of professional and moral consciousness includes two elements: moral consciousness - a form of social consciousness, which is a system of views, ideas, ideas about proper behavior that corresponds to social interests; legal consciousness is a professional element that reflects reality in the form of legal knowledge, legal guidelines that regulate human behavior in legally significant situations, and also includes two levels: emotional-sensual and rational.

The existence and activity of the legal community is impossible without compliance with professional ethics, concern of lawyers for their honor and dignity, as well as the authority of lawyers. These requirements are expressed and consolidated in the form of various moral codes. In modern conditions, the presence of a professional code with clearly defined mechanisms of internal self-regulation becomes a significant factor.

Listusedliterature

1. Code of Professional Ethics for Lawyers: Adopted by the First All-Russian Congress of Lawyers on January 31, 2003 (as amended on April 22, 2015) // Bulletin of the Federal Chamber of Lawyers of the Russian Federation. - 2013. - No. 3.

2. Angelovsky A.A. Analysis of the concepts of profession, professional consciousness, professional activity, professionalism / A.A. Angelovsky // News of the Samara Scientific Center Russian Academy Sci. - 2010. - No. 5(2). - pp. 306-314.

3. Arakelov Yu. S. Professional ethics of a lawyer / Yu.S. Arakelov, B.K. Dzhegutanov, V.S. Oleynikov. - St. Petersburg: Peter, 2010. - 128 p.

4. Vasilyeva G.A. Professional ethics of a lawyer: Educational and methodological complex / G.A. Vasilyeva. - Chelyabinsk: Yu-Ural State University, 2008. - 190 p. P. 31.

5. Koblikov A.S. Legal ethics: textbook / A. S. Koblikov. - M.: Norma, 2009. - 165 p.

6. Malinovsky A.A. Code of professional ethics: concept and legal significance / A.A. Malinovsky // Journal of Russian Law. - 2008. - No. 4. - P.39-44.

7. Saranchin Yu.K. Professional ethics of employees of internal affairs bodies: A course of lectures / Yu.K. Locust. - Ekaterinburg: Publishing house UrGUI of the Ministry of Internal Affairs of Russia, 2004. - 174 p.

8. Solonitsyna A.A. Professional ethics and etiquette. Textbook / A.A. Solonitsyn. - Vladivostok: DSU publishing house, 2011. - 200 p.

9. Sorokotyagin I.N. Professional ethics of a lawyer: a textbook for bachelors / I.N. Sorokotyagin, A.G. Masleev. - M.: Yurayt, 2013. - 318 p.

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Autobiography

Autobiography

I have a single-parent family, I live with my mother. There are no brothers or sisters.

From 2001-2012 I studied at school No. 1714, my two favorite subjects were social studies and law.

In 2012, he was enrolled in the State Budget Educational Institution of Secondary Professional Education GKIBT No. 58, majoring in Law and Organization social security, and in September 2013 it was reorganized into GBOU SPO KAIT No. 20, and currently I am a student at KAIT No. 20
During my two years in college, I took part in table tennis and mini soccer competitions.

By temperament I am sanguine, active and efficient, I love big companies.

I am sociable, cheerful, responsible, organized, sociable.

My hobby is everything related to football, my position in football is Goalkeeper.

Contact number: 8-925-176-03-75

Methodological part

My achievements

My achievements

In this academic year I took part in mini football competitions among 5 Colleges, and together with the team we took 2nd place, losing in the final to the Main site of KAIT No. 20 with a score of 0:5

Regulatory documents

Professional Code of Ethics:

The emergence of the first professional ethical codes occurred in ancient times.

Professional ethics forms norms, standards, and requirements characteristic of certain types of professional activities.

On December 17, 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials.

Law enforcement officials have the responsibility to ensure the full protection of the health of detained persons, in particular to make decisions on the provision of medical care if necessary.

Judge's code of honor:

1. In his activities, a judge must be guided, along with the Constitution and other legislative acts.

2. Obliged to avoid everything that could implore the authority of the judiciary.

3. A judge is obliged to be impartial, not allowing anyone to influence his professional activities.

4. The judge is obliged to maintain his qualifications at a high level.

5. The judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of the case.

Code of Professional Ethics for Lawyers:

1. A lawyer must maintain honor and dignity under all circumstances.

2. A lawyer must avoid actions aimed at undermining trust.

3.Professional secrecy is an absolute priority for a lawyer.

4. The lawyer cannot assign the right of monetary claim to the principal.

5. A lawyer does not have the right to make public statements about the proof of the client’s guilt if he denies it.

Code of Professional Ethics for Lawyers

The Lawyer's Code of Professional Ethics is a system of moral principles that underlie the activities of a lawyer and serve as his ideological and methodological guide.

It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. However, there are basic moral principles, without which a professional lawyer cannot exist in a rule-of-law state. They form the content of the code of professional activity of a lawyer:

1. The rule of law means the lawyer’s awareness of his mission of serving the law and the law, compliance with the rule of law. A practicing lawyer should not equate the concepts of law and law, but cannot contrast them. He must be guided by the consideration that the law in a legal state is legal, fair, and subject to strict execution. Even if any law, from his point of view, does not fully correspond to the ideas of the rule of law, the lawyer is obliged to stand guard over compliance with its provisions. This can be called the principle of being bound by law, the priority of law, which cannot be refuted. It is lawyers who are called upon to fight against legal anarchy and nihilism, to be “servants” of the law, guardians of the law.

Thus, Article 20 of the Law of Ukraine “Police” clearly establishes: “When performing the duties assigned to him, a police officer is guided only by the law, acts within its limits and is subordinate to his immediate and direct superiors. No one has the right to oblige a police officer to perform duties not provided for by current legislation.” The law acts as a criterion for “legal” and “illegal” behavior when employees of the Security Service of Ukraine carry out their activities (most of whom have a legal education). According to Art. 35 of the Law of Ukraine “On the Security Service of Ukraine” dated March 25, 1992, “employees of the Security Service of Ukraine independently make decisions within the limits of their powers. They must refuse to carry out any orders, instructions or instructions that contradict current legislation.”

2. Humane treatment of people is an indispensable principle included in the code of professional ethics of a lawyer. He emphasizes that high qualifications alone (diploma and subsequent certifications) are not enough to become a professional legal worker. His caring attitude towards every person he encounters in the performance of his official duties is important. All people with whom a lawyer communicates due to the nature of his work (witnesses, victims, suspects, clients, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Anyone who, by force of circumstances, is involved in communication with a prosecutor, investigator, judges, lawyer, etc., expects from them not only a qualified (professional) performance of duties, but also a respectful attitude.

Based on the attitude of a lawyer towards each specific person, one can judge the moral culture of the lawyer himself. A lawyer’s respectful attitude towards the individual and its problems allows one to create a special psychological atmosphere of trust and ensure the success of the legal case.

A humane (respectful) attitude towards people is an attitude in which the dignity of the individual is practically (in appropriate actions and motives) recognized. The concept of respect that has developed in the moral consciousness of society presupposes: justice, equality of rights, the most complete possible satisfaction of people's interests, trust in people, attentive attitude to their beliefs, problems, sensitivity, politeness, delicacy.

Unfortunately, in practice, the idea that the individual, her honor and dignity are above all else, has not yet mastered lawyers, this is especially true for some law enforcement officials. In their activities, police officers often infringe on the rights of victims through inaction on their part - refusal to register crimes and initiate criminal cases, despite the presence of sufficient grounds for this.

Great harm to the lawyer-client relationship is caused by the bureaucratic thinking of some “servants of the law.” With this kind of thinking, there is no place for man. For a bureaucrat, a person is, at best, a means to solve socially significant problems, and at worst, an obstacle to solving these problems. A situation arises when, for the benefit of society, the rights and interests of the individual are infringed.

Bureaucracy is always anti-democratic, but in law enforcement agencies it is more dangerous: here there are immeasurably more opportunities for suppressing the individual, here the line separating justice from arbitrariness is more imperceptibly erased. To avoid this, it is necessary to return law enforcement to its originally intended purpose as a protector of people, a reliable guarantor of justice.

It is advisable to adopt the arguments of A.F. Koni about the relationship between the prosecutor and the participants in the trial. The prosecutor, acting as a prosecutor in court, is obliged to protect with equal sensitivity and diligence both the interests of society and the human dignity of the individual. He must have such qualities as “calmness, the absence of personal rancor against the defendant, neatness in the methods of prosecution, alien to the arousal of passions.” “The prosecutor must always remember that both he and the defense attorney have one common goal: to help the court, from different points of view, find out the truth by means available to human forces.”

3. Decency is one of the initial principles of a high moral level of performance of professional powers, meaning an organic inability to commit a dishonest act. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve any goal, a lawyer chooses methods and techniques that do not contradict the norms of law and morality. It is impossible to regulate by law all the nuances associated with legal practice, therefore, in some situations, the fate and good name of a particular person or his loved ones depends on the integrity of the investigator, judge, or notary.

The integrity of a professional lawyer is built on such qualities as trust and empathy, honesty and truthfulness. Ethics must be manifested in all types of relationships: “manager-subordinate”, “between colleagues”, “lawyer-client”.

4. Trust is a person’s attitude towards the actions of another person, towards himself, and is based on the conviction that he is right, faithful, conscientious, and honest.

Some managers see in their subordinates only executors of their will, forgetting that these are, first of all, people with their own problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss often shows rudeness towards him. This intolerant atmosphere in the team creates conditions under which callousness and rudeness are transferred to one’s colleagues and interactions with other people. In order to avoid this, the manager must show constant concern for each member of the team. Sometimes he is simply required to show interest in the problems in the subordinate’s family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the business are his interests.

Trust between colleagues plays a huge role, since despite the apparent individuality of a lawyer’s work, a positive result in resolving any legal matter can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and a willingness to contribute to their implementation (for example, knowing about the insufficient experience of his young colleague, to provide him with all possible assistance in difficult situations). Trust and empathy towards clients is one of the important ways to establish psychological contact, since a person will only want to cooperate with a lawyer (investigator, lawyer) if he understands that there is a person opposite him who empathizes with him and wants to help by establishing the truth in the case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of his interlocutor, fawn over him. It is trust and sympathy for a person that are the criteria for a lawyer (investigator, prosecutor, judge) to choose a preventive measure, as well as to determine the type of punishment, based primarily on the requirements of the law.

5. Honesty presupposes integrity, loyalty to accepted obligations, subjective conviction in the rightness of the work being carried out, sincerity to others and to oneself, recognition and respect for the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, promising to complete the matter, as it were. it wasn't hard to do.

Honesty is the key to moral relations in legal practice. This requirement follows from the objective necessity of joint activity, subordinated to a common interest - the establishment of truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the actual state of affairs from them, if this does not harm the interests of the individual and the state.

Truthfulness is a universal requirement, however, certain types of legal activity, due to their specificity, require some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legendization of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Revealing the plan of an ongoing operation to criminals cannot be called a moral act. In some cases, it can be considered acceptable and justifiable to deceive one’s colleagues if the case under consideration is related to the corruption of officials in order to avoid pressure from “interested parties.”

7. Selflessness - is expressed in actions that, by their nature, represent an act of self-sacrifice - voluntary sacrifice of one’s interests, and sometimes even one’s life for the sake of the interests of other people, achieving set goals, in the name of justice.

In the conditions of the transition period of our society and state, accompanied by instability in the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become a model in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they receive satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, successful defense of a client in court, etc. Thus, the practical effectiveness of the act of a law enforcement officer who enters into an unequal fight with the enemy and sacrifices his health is very small, but his moral value is great, because its moral consequences greatly influence the consciousness and behavior of all members of society, both law-abiding and criminals .