The code of professional ethics of advocate as a means of fighting criticism in the advocacy

Purpose: To study the problems of using the Code of Professional Ethics of Advocate by the corporate governance bodies of the Advocacy as a means of combating criticism of the activities of these bodies. Methodology: The methods of structural and functional analysis, the systemic method, the formal-legal method, the method of studying documents, the method of participatory observation were used. Results: In the article, based on the study of the ethical and legal basis of the functioning of the advocacy profession and the study of the current situation in the advocacy profession of Russia, and on the basis of the materials of specific cases, the problems of using the corporate governance bodies of the advocacy profession (Advocate`s chambers of the subjects of the Russian Federation and the Federal Chamber of Advocates of the Russian Federation ) of the Code of Professional Ethics of Advocate as a means of dealing with criticism is discovered. It is concluded that the Code of Professional Ethics of Advocate, in the hands of unscrupulous representatives of the chambers of advocates, is the effective mean of combating criticism in the advocacy profession. It is noted that by virtue of the provisions of Art. 39 of the Federal Law «On advocacy and the advocacy profession in the Russian Federation» the public associations of advocates do not yet have broad rights to directly influence the activities of corporate governance bodies in terms of protecting advocates from unjustified disciplinary prosecution. The introduction of a general prohibition on the prosecution of advocates for criticism of corporate governance bodies is proposed, directly enshrined in the law or in the text of the Code of Professional Ethics of Advocate, which could be formulated roughly as follows: «It is unacceptable to use disciplinary proceedings against the advocate in order to prosecute him for his position on the case, as well as for expressing critical remarks, including regarding the activities of the advocacy self-government bodies, their leaders and employees.». Novelty/originality/value: The article is of scientific value, since it is a study of modern problems of the organization of the advocacy profession.