The report is dedicated to the assessment of the ethical principles of the professional conduct of a lawyer in terms of their compliance with the Constitution of Ukraine, the laws of Ukraine and generally accepted international standards of professional conduct.
The report presents a retrospective and comparative analysis of the ethical principles of the professional conduct of a lawyer that were in force or are in force during the period of 1999-2018. Particular attention is paid to the issue of regulation of legal ethics in the draft Law of Ukraine No. 9055 “On Bar and Practice of Law” as of September 6, 2018, which was introduced by the President of Ukraine, and its alternative draft laws. The report compiles the main international documents defining the ethical standards of practice of law, the Constitution of Ukraine, the Law of Ukraine “On Bar and Practice of Law”, the Model Rules of Professional Conduct in editions of 1999, 2012 and 2017 years, the Report “On the Needs Assessment Conducted in Respect of the Self-governance of Lawyers in Ukraine” under the Project “Consolidating Ukraine’s Justice Sector Reform”, implemented by the CoE in 2017-2018, Shadow Report “The Bar of Ukraine: the Lessons Learned from the Early Years of Independence” developed by the Agency for Legislative Initiatives and open source information.
The preparation of the report “Legal Ethics in Ukraine” is part of the project implemented by the Agency for Legislative Initiatives within the project “Ensuring Access to Justice in Ukraine: Ethical Standards and Institutional Aspects” with the support of the Law Enforcement Section of the US Embassy in Ukraine. The project is dedicated directly to the comprehensive support of the principle of rule of in Ukraine by strengthening the institutional capacity of the lawyers’ self-governance and enhancing the place of ethical norms and standards in the lawyers’ work for better protection of human rights and a citizen.
The opinions expressed in this publication do not necessarily reflect the position of the US Government or the Law Enforcement Section of the US Embassy in Ukraine.
Dmytro Kuhniuk, Lawyer, PhD in Law, Associate Professor, Notary and Executive Process and Bar Department, Law Faculty, Kyiv Taras Shevchenko National University, Managing Partner at LF “Melnyk, Kuhniuk & Partners”.