ON THE ISSUE OF THE LEGAL NATURE OF THE BODIES OF BAR SELF- GOVERNMENT

Abstract

The article examines the legal nature of the bodies of bar self-government
by establishing legal relations with related legal categories. Based on the analysis
conducted, taking into account the relevant case law of the European Court of
Human Rights, a conclusion is made regarding the public-legal nature of the
bodies of bar self-government in Ukraine, which is determined by the following
features of the procedure for their creation and activity: 1) bodies of bar self-
government are created not by private will, but by the will of the legislator on the
basis of the Law of Ukraine “On the Bar and the Practice of Law”; 2) the activities
of the bodies of bar self-government provide for the independent resolution of
issues of the organization and activity of the bar, but in the manner and within the
limits established by the Law; 3) their activities, determined by the need to ensure
the independence of the bar, control professional activities for the proper
performance of the tasks assigned to the institute of the bar, as well as ensuring
access to justice, are aimed at realizing the public interest by ensuring the
provision of highly qualified professional legal assistance in Ukraine, and therefore – the practical implementation of the principles of the rule of law and
achieving the goals of fair justice 4) the bodies of bar self-government exercise a
number of administrative, regulatory and disciplinary powers, which, according
to the case law of the European Court of Human Rights, are classified as public
law, in particular: a) ensuring the maintenance of the Unified Register of
Advocates of Ukraine; b) adopting and approving, within their competence,
corporate acts that establish professional standards (including ethical ones), rules
of internal organization and activity of the bar, which are mandatory for all
lawyers; c) organizing and conducting qualification examinations; d) issuing a
certificate of the right to practice law; e) making decisions on the suspension and
termination of the right to practice law; e) conducting disciplinary proceedings
against lawyers; f) participating in the formation of the High Council of Justice in
accordance with the procedure established by law.