International standards of independence and accountability of advocates
Автор: Shakirov Timur Ravilyevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 6 (7), 2013 года.
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Objective: The review of the content of the international legal framework establishing standards of the independence and accountability of advocates. Methodology: The author used the comparative legal method, the formal legalistic method, the method of participant observation. Results: In this paper, based on the study of a wide range of international legal instruments and jurisprudence, it is substantiated that international standards of the organization of the advocacy profession contain a reference to the basic principles that should be adhered to in order to ensure the independence and integrity of the advocacy profession. The independence of is a fundamental principle, which ensures that the advocates, along with other citizens, enjoy all the rights including the right to establishing and maintaining independent, self-governing advocates associations. An important element of independence is ensuring that access to the profession is provided solely based on such criteria as knowledge, professional training, and skills. Codes of ethics should be adopted by advocates themselves or through legal acts developed with the participation of the representatives of the advocacy profession, while the system of disciplinary proceedings should aim to maintain professional standards of the advocacy profession and to ensure that the advocates act exclusively in the interests of their clients. States have an obligation to create the conditions in which advocates are able to perform their professional duties and functions, and to ensure the protection of their role and rights. Novelty/originality/value: The paper is of the scientific value as it contains generalizations and conclusions significant for the legal regulation of advocates activity.
Bar, lawyer, independence of advocates, international law, international commission of jurists, advocacy profession, advocate, attorney, counsel, barrister
Короткий адрес: https://sciup.org/14027673
IDR: 14027673