Features of Systematization of Violations of the Rights of a Lawyer by Law Enforcement Agencies during a Search of His Premises
Abstract
Abstract. The relevance of the study lies in the fact that the guarantees of legal activity in Ukraine are conditioned by existing systematic violations, one of the most typical of which is violations during searches of the lawyer's premises. Over the past few years, searches conducted in the property of lawyers, including their homes, office premises and vehicles, with rare exceptions, have gradually turned into a worrying trend. Violations of the rights of lawyers, disregard for legally established guarantees and abuse by law enforcement agencies have become not isolated episodes, but have become a systemic problem. Therefore, there is a need to both resolve existing practical aspects and take into account the prospects for regulating these relations, because advocacy is impossible without proper effective guarantees of advocacy independence. The article proposes the concept of violations of legal guarantees of advocacy and provides their classification. The actions to violate the independence of the professional activities of an advocate are established and outlined; actions to violate attorney-client privilege, as well as actions to unlawfully interfere with the implementation of the advocate's professional functions. The place of the violations themselves during searches of the advocate's premises in the system of violations of attorneys' professional guarantees is revealed. Having analyzed the violations committed by law enforcement agencies regarding the rights of an attorney, we came to the conclusion that during a search of his premises, various types of violations of the rights of an attorney may occur. In particular, both restrictions on the independence of the attorney's professional activities and violations of attorney-client privilege are simultaneously possible. The guarantee of effective implementation of the rights related to the professional activities of attorneys lies not only in their formal consolidation in the form of declarative norms, but also in ensuring the actual observance of these rights. This, in turn, involves the application of appropriate measures of legal responsibility to persons who violate current legislation. The institution of an independent bar plays an important positive role for the state, as it contributes to maintaining the balance of power and the formation of an effective system of checks and balances, which reduces the risk of various abuses.
Keywords: lawyer; legal practice; search; preservation of legal secrecy; guarantees; investigative (search) actions.
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