- Journal Issues
- № 2 2017 Actual problems of criminal justice
- Tribune of young scientist
- Features of disciplinary liability of a foreign advocate in Ukraine
Features of disciplinary liability of a foreign advocate in Ukraine
Review
In the article, taking into account the peculiarities of the legal status of a lawyer of a foreign state exercising professional activity in Ukraine, the grounds and procedure for bringing them to disciplinary liability are determined.
The author carried out a comprehensive analysis of the legal and organizational aspects of the application of disciplinary liability to lawyers of foreign states in Ukraine. The concept of dual disciplinary jurisdiction, which applies to foreign lawyers, is substantiated, and the necessity to adhere to non bis in idem principle in this respect is pointed out. Thus, the author concludes the need for close cooperation of the Qualification-Disciplinary Commissions of Advocates in Ukraine with relevant authorities of the foreign Bars in disciplinary liability matters of foreign lawyers.
The problems of the responsibility of foreign lawyers who provide legal services in Ukraine without enrolment to the Uniform Register of Advocates of Ukraine are stated.
Author’s reasoning leads to a conclusion about the insufficient variability in the disciplinary impact on foreign lawyers in Ukraine owing to a limited range of disciplinary penalties that can be applied to this category of representatives of the legal profession.
Keywords: foreign lawyer, disciplinary responsibility of a foreign lawyer, disciplinary offense of foreign lawyer, disciplinary proceedings concerning the foreign lawyer, disciplinary action with respect to the foreign lawyer.