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REFORMING THE INSTITUTE OF THE DISCIPLINARY LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION ACCORDING TO THE LEGAL EXPERIENCE OF THE EUROPEAN COUNTRIES
Abstract
The aim of the research undertaken by author is to define the most adequate ways of optimization of the institute of disciplinary liability of a lawyer in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original new knowledge that contains the summary and analysis of the achievements of the Russian legal ethical theory, the systematization of the samples of deontological rulemaking submitted by the Russian professional codes of ethics in the judiciary, law enforcement and legal systems, as well as the experience of European countries concerned the regulation of measures of professional and ethical responsibility of a lawyer. Taking grounds in this knowledge, the authors justified the ways of further development of the institution of disciplinary liability of the lawyer for their poor professional work by creating a separate body within the Federal chamber of lawyers with the power to generalize the disciplinary practices of the chambers of subjects of the Russian Federation and to ensure its consistency. Also the concrete ideas how to clarify the composition of the disciplinary action of a lawyer as the ground of his disciplinary liability and how to expand the system of disciplinary measures for lawyers been found guilty were substantiated. So the results of the research make a new basis for the further criminal justice studies and can be used in preparation of specific rules of law to be included into the legislature on advocacy in order to improve the mechanisms of disciplinary liability of lawyers and improve the quality of legal services in Russia.
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