Lawyer Code of Professional Ethics. Professional ethics of a lawyer

Introduction

1. General provisions and meaning of the Code professional activity lawyer

2. ethical rules behavior of a lawyer with colleagues, a client

3. Ethics of behavior of a lawyer in the course of participation in the trial

Conclusion

3. Integrity is one of the basic principles of a high moral level in the performance of professional powers, meaning an organic inability to dishonorable act. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve any goal, a lawyer chooses such methods and techniques that do not contradict the norms of law and morality. It is impossible to legally regulate all the nuances associated with legal practice, therefore, outside of which situations, the fate, good name depends on the decency of the investigator, judge, notary specific person or his loved ones.

The integrity of a professional lawyer is based on such qualities as trust and empathy, honesty and truthfulness. These qualities should be manifested in all types of relationships: “leader-subordinate”, “between colleagues”, “lawyer-client”.

4. Trust is a person's attitude to the actions of another person, to himself, and is based on the belief in his rightness, loyalty, conscientiousness, honesty.

Some leaders see in their subordinates only executors of their will, forgetting that they are primarily people with inherent problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss is often rude to him. This intolerable situation in the team creates conditions under which callousness, rudeness is transferred to their colleagues and to communication with other people. In order to avoid this, the leader must take constant care of each member of the team. He is sometimes required to simply show interest in the problems in the subordinate's family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the case are his interests.

Trust between colleagues plays a huge role, because with the seeming individuality of a lawyer's work, a positive result in resolving any legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation.

Trust and empathy towards clients is one of the important ways to establish psychological contact, since a person only then wants to cooperate with a lawyer (investigator, lawyer) if he realizes that there is a person opposite him who empathizes with him and wants to help by establishing the truth about case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor, fawn over the front. It is trust and sympathy for a person that are the criteria for choosing a preventive measure by a lawyer (investigator, prosecutor, judge), as well as determining the type and measure of punishment, based primarily on the provisions of the law.

5. Honesty implies adherence to principles, fidelity to the obligations assumed, subjective conviction in the rightness of the ongoing work, sincerity to others and to oneself, recognition and observance of the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, a promise to complete the case no matter how hard it is to do so.

Work related to communicating with people, resolving their problems requires a lawyer to observe a certain tact, ethics of behavior.

People of the legal profession are always accompanied moral issues arising from criminal, administrative civil legal relations on the basis of violation, ignorance or ignorance of the law, in the center of which is a person.

Work related to communicating with people, resolving their problems requires a lawyer to observe a certain tact, ethics of behavior. Therefore, the features of the legal profession necessitate the study of professional legal ethics, which is one of the branches of ethical science.

Ethics is one of the oldest theoretical disciplines. This is the science of morality, morality, the rules of human behavior as forms public consciousness. It analyzes and systematizes the principles of morality. Ethics as a science includes normative ethics and moral theory, which are inseparable from each other.

Normative ethics is engaged in the study of questions about good, evil, good, it develops a moral code of conduct, forms correct behavior in society.

Moral theory explores the essence of morality, the emergence, history and development. Morality is a form of social consciousness. This social institution, which forms a set of rules and norms for the behavior of people in relation to each other.

1. The concept of professional ethics

Ethics has a special place among the main factors that form and organize the joint activities of people. Moral culture is the regulator of human relations in all spheres of activity. Among the branches of ethical science, professional ethics are distinguished. It should be noted that the term "professional ethics" is usually used to denote not so much a branch of ethical theory as a kind of moral code of people of a certain profession.

A.S. Koblikov identifies two meanings of the concept of "professional ethics":

– codes of conduct;

- ways to substantiate these codes, socio-cultural interpretation of the cultural and humanistic purpose of a given profession, its ethnic group.

The appearance of professional ethics in time preceded the creation of scientific ethical theories about it. "Awareness and registration of certain requirements of professional ethics occurred on the basis of everyday experience in regulating the relationship of people of a particular profession." Public opinion plays an active role in the formation and assimilation of the norms of professional ethics.

Professional ethics was formed over a long period of time by a society that made certain requirements for certain professions. The requirements for the professional culture of a specialist are largely determined by the uniqueness of professional activity and have their own specific aspects in the implementation of the norms and principles of morality.

Originating initially as a manifestation of everyday, ordinary moral consciousness, professional ethics subsequently developed on the basis of a generalized practice of the behavior of representatives of each profession. These "generalizations were summed up both in written and unwritten rules of conduct for various professional groups, and in the form of theoretical conclusions," which was the beginning of the formation of professional ethics as a science.

The subject of study of professional ethics are:

1. relations between labor collectives and each specialist individually;

2. moral qualities personality of a specialist who provide best performance professional debt;

3. relationships within professional teams;

4. specific moral standards inherent in this profession;

5. features of professional education.

On the other hand, "professional ethics is a system of moral principles, norms and rules of conduct for a specialist, taking into account the characteristics of his professional activity and a specific situation." Professional ethics must be integral integral part training of each specialist.

1. professional solidarity;

2. special understanding of duty and honor;

3. specific form responsibility due to the subject and type of activity.

Private principles are made up of specific conditions, content and specifics of a particular profession and find their expression in specific documents - oaths, charters, moral codes. Professional moral codes are guiding principles, rules, samples, standards, the procedure for internal self-regulation of a person based on a generalization of the practice of behavior of representatives of a professional group.

2. Features of the professional ethics of a lawyer

The professional ethics of a lawyer is due to the fact that "the object of a lawyer's activity is a person, his problems. The activity of a lawyer is associated with communication with people, affects inner world, on the worldview and fate of people. "People are subjects public relations, in connection with which it can be said that a lawyer is engaged in " social activities". Individuals, creating various types of business entities, enter into legal relations with legal entities, and in the field of regulation of these legal relations, a lawyer makes his efforts.

A lawyer is a public person. A lawyer carries out his activities publicly. Lawyer Compliance moral standards or a deviation from them, the justice or injustice of his decisions is assessed by public opinion.

The legal profession provides all areas of public relations, so it has always been universal, profitable and in demand. The areas of activity of a lawyer are wide-ranging. They cover:

- the legislative sphere;

– activities of state bodies, public service;

– justice: resolution of disputes of a criminal law, administrative law and civil law nature;

– legal supervision and control;

– legal services: consulting, representation, legal support, etc.

Many lawyers represent the interests of citizens in the legislature. There is a legal service in local executive bodies. Justice is administered by judges, legal supervision and control is carried out by prosecutors, lawyers provide legal services, lawyers, working in various economic entities, provide their legal services.

In order to be in demand, a lawyer must constantly work not only to improve his knowledge and professionalism, but also to improve his personality. This is a constant and systematic work on the worldview, intellect, will.

"The worldview of a lawyer is determined by the totality of his knowledge, the ability to apply them in practice, awareness of the importance of recommendations and decisions made by him, his communication skills." A lawyer, since his activity is connected with a person, aimed at protecting his interests, should develop a sensitive attitude towards generally recognized social values: personality, its fundamental rights and freedoms. It is necessary to work on legal consciousness, i. relation to the law, the law, the state. A lawyer must have developed ethical and moral standards: a sense of duty, fidelity, honor, dignity, mercy, etc.

“It takes place when a lawyer repels a client with his tactlessness. Entering a law office, a person who has a problem turns to one of the lawyers who smiles affably and will attentively, without interrupting, without hurrying, without fuss, not only listen, but he will also hear the essence of the problem. The lawyer must protect the interests of the author. Therefore, it is not enough for him to know only the norms of substantive law governing copyright relations and procedural legislation. He should also understand the work itself, for which, as the client believes, he has copyright, i.e. understand the essence of the problem, the subject of the dispute. If we are talking about illegal reproduction, then attention should be focused on the violation of this particular right, on the responsibility of the offender for illegal reproduction, and not on other rights of the author to the work, since this is not a problem of the client, does not relate to the essence of the dispute.

"The professionalism of a lawyer, his formed concept of the principles of morality and ethics, his legal consciousness are also expressed in the course of compiling various kinds of legal texts, official business documents, speeches in court." A legally well-written document meets certain legal and stylistic requirements. All types of legal documents require an accurate and concise statement of the essence of the problem with reference to the rules of law, in relation to a particular situation. Inadmissible in documents drawn up by a lawyer, grammatical errors, the use of non-literary, moreover, obscene words, expressions.

Unfortunately, the documents of lawyers - lawyers, prosecutors and even judges - do not always meet the ethical requirements for official documents:

- in practice, it takes place when statements of claim drawn up by lawyers are stated in such a way that the requirements of the plaintiff, applicant are not clear;

- sometimes the requirements for the establishment of a legal fact are in the nature of a property dispute, a claim for the recovery of damages is stated without argumentation, etc.;

- there is an appeal to the court with statements that do not meet the requirements for them set out in the rules of procedural legislation;

- the conclusions of the prosecutor often do not contain an analysis of the examined evidence, legal justification;

- judicial verdicts are sometimes stated in criminal cases in the form of a copy of the indictment, and in civil cases - a statement of claim, do not contain an analysis of the problem studied, the legal justification of the court's conclusions;

- Judicial acts are rendered with grammatical errors.

Such problems are explained by a large workload, lack of time for creative work. However, it seems that such an explanation cannot be the basis for the preparation of a procedural document that does not meet the requirements of the law, which judges must strictly follow.

Such documents may indicate a deliberate violation of the law, or illegal actions and decisions due to the lack of necessary knowledge, unwillingness to investigate the problem that confronted them, the task set. Moreover, it speaks of the lack of internal discipline and culture of the lawyer.

3. The concept and content of the lawyer's code of ethics

The code of professional ethics is not an "invention" today. The history of the law of various countries knows many proofs of this. "The code of professional ethics of a lawyer is a system of moral principles that underlie the activities of a lawyer and serve as his worldview and methodological guideline."

"It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. However, there are basic moral principles, without which a professional lawyer cannot take place in a state of law. "They constitute the content of the code of professional activity of a lawyer.

1. The rule of law - means the lawyer's awareness of his mission of serving law and law, compliance with the rule of law. "A legal practitioner should not identify the concepts of law and law, but cannot oppose them." He must be guided by the consideration that the law in a constitutional state is legal, fair, subject to strict enforcement. Even if any law, from his point of view, does not fully meet the ideas of the rule of law, the lawyer is obliged to guard the observance of its provisions. This can be called the principle of being bound by law, the priority of law, which cannot be refuted.

2. Humane treatment of people is an indispensable principle included in the code of professional ethics of a lawyer. He emphasizes that "one high qualification (subsequent attestation) is not enough to become a professional legal worker." Of great importance is his caring attitude towards each person he encounters in the course of his official duties. All people with whom a lawyer communicates by the nature of his activity (witnesses, victims, suspects, defendants, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Everyone who, by force of circumstances, is involved in communication with a prosecutor, investigator, judges, a lawyer, etc., expects from them not only a qualified (professional) performance of duties, but also a respectful attitude.

In the attitude of a lawyer to each specific person, one can judge the moral culture of the lawyer himself. Respectful attitude a lawyer to the person and to its problems allows you to create a special psychological atmosphere of trust and ensure the success of the legal case.

A humane (respectful) attitude towards people is an attitude in which the dignity of the individual is practically (in appropriate actions and motives) recognized. The concept of respect that has developed in the moral consciousness of society implies: justice, equality of rights, the fullest possible satisfaction of the interests of people, trust in people, attentive attitude to their beliefs, problems, sensitivity, courtesy, delicacy.

3. Integrity is one of the basic principles of a high moral level in the performance of professional powers, which means an organic inability to act dishonestly. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. "To achieve any goal, a lawyer chooses such methods and techniques that do not contradict the norms of law and morality." It is impossible to legally regulate all the nuances associated with legal practice, therefore, outside of which situations, the fate, good name of a particular person or his relatives depends on the decency of an investigator, judge, notary.

The integrity of a professional lawyer is based on such qualities as trust and empathy, honesty and truthfulness. These qualities should be manifested in all types of relationships: "leader-subordinate", "between colleagues", "lawyer-client".

4. Trust is a person's attitude to the actions of another person, to himself, and is based on the belief in his rightness, loyalty, conscientiousness, honesty.

Some leaders see in their subordinates only executors of their will, forgetting that they are primarily people with inherent problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss is often rude to him. This intolerable situation in the team creates conditions under which callousness, rudeness is transferred to their colleagues and to communication with other people. In order to avoid this, the leader must take constant care of each member of the team. He is sometimes required to simply show interest in the problems in the subordinate's family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the case are his interests.

Trust between colleagues plays a huge role, because with the seeming individuality of a lawyer's work, a positive result in resolving any legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation.

Trust and empathy towards clients is one of the important ways to establish psychological contact, since a person only then wants to cooperate with a lawyer (investigator, lawyer) if he realizes that there is a person opposite him who empathizes with him and wants to help by establishing the truth about case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor, fawn over the front. It is trust and sympathy for a person that are the criteria for choosing a preventive measure by a lawyer (investigator, prosecutor, judge), as well as determining the type and measure of punishment, based primarily on the provisions of the law.

5. Honesty presupposes "principality, fidelity to accepted obligations, subjective conviction in the rightness of the work being done, sincerity to others and to oneself, recognition and observance of the rights of other people to what is legally theirs." This quality should determine the behavior of a lawyer in all cases. A lawyer, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, a promise to bring the case to the end, no matter how hard it is to do.

Honesty is the key moral relations in legal practice. This requirement follows from the objective necessity of joint activity, subordinated to a common interest - the establishment of truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the real state of affairs from them, if this does not harm the interests of the individual and the state.

"Truthfulness is a universal requirement, however certain types legal activities, due to their specificity, need some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legends of operational-search activities and some other means used by law enforcement agencies. "To this we can add that the truth is not always moral. Disclosing the plan of the ongoing operation to criminals cannot be called a moral act. In some cases, it is permissible and it is justifiable to deceive one's colleagues if the case under consideration is related to the corruption of officials in order to avoid pressure from "interested parties".

7. Selflessness - expressed in actions that by their nature represent an act of self-sacrifice - voluntary sacrifice of one's interests, and sometimes even life for the sake of the interests of other people, the achievement of goals, in the name of justice.

The current codes of honor, ethics, rules of professional conduct regulate in detail the professional behavior of lawyers precisely through prohibitions. The ban is caused by the need to prevent the violation of the rights and freedoms of others, not to undermine confidence in the professional activities of lawyers, to rise above one's subjective desires and passions.

conclusions

The rules of conduct for judges, prosecutors, law enforcement officers, lawyers, set out in the relevant moral codes, oblige them to behave outside of work in such a way that there are no grounds for doubting their decency and honesty. They should avoid visiting any places that compromise their reputation.

High moral requirements form discipline, self-awareness, moral attitude towards one's professional duty.

In the context of the socio-economic problems of society, lawyers are obliged to strictly comply with the requirements imposed on them by professional moral codes developed in accordance with international standards, and are evidence of social progress.

Ethics should not be confused with morality, since ethics is the science of morality. They also talk about ethics as a set of norms of behavior for people of a certain profession, due to corporate interests, professional culture with traditions specific to a particular profession. This is professional ethics.

Literature

1. the federal law dated 31.05.2002 N 63-FZ as amended. dated 07/02/2013 "On advocacy and advocacy in Russian Federation" // "Collection of Legislation of the Russian Federation", 06/10/2002, N 23, article 2102.

2. Aminov I.I. legal ethics. - M: UNITI-DANA, 2013.

3. Guseinov A. A., Apresyan R. G. Ethics. Moscow: Progress, 2012

4. Davidyan G.M. Some problems of professional ethics of a lawyer in the Russian Federation // Law. - 2013. - No. 11. - P. 40-45.

5. Zinatullin T.Z. Ethical bases of activity of the lawyer. – M.: Lawyer, 2014.

6. Kamardina A.A. Professional ethics. - Orenburg: OSU publishing house, 2013.

7. Kivailo V.N. Legal ethics. – M.: Norma, 2013.

8. Kiryushina L.Yu. Professional Ethics of a Lawyer - Barnaul: ASU Publishing House, 2010.

9. Koblikov A. S. Legal ethics - M.: Norma, 2012.

10. Malinovsky A.A. Code of Professional Ethics: Concept and Legal Significance // Journal of Russian Law. - 2008. - No. 4. - P.39-44.

11. Melnichenko R.G. On the mixing of morality and law in the legal profession // Advocate practice. - 2012. - No. 5. - P. 35-38

12. Nazarov A.D. Forbidden fruit is sweet / A.D. Nazarov // Advocate newspaper. - 2009 - No. 17.

13. Porubov N.I., Porubov A.N. Legal ethics. – M.: Infra-M, 2013.

14. Professional ethics of a lawyer. / Ed. V.M. Artemov. – M.: Prospekt, 2013.

15. Sorokotyagin I.N., Masleev A.G. Professional ethics of a lawyer. – M.: Yurayt, 2014.

16. Surkov A.R. Are additional guarantees needed? // Lawyer's newspaper. - 2010. - No. 3.

17. Tsydenova O.G. Moral and legal foundations of the activities of a lawyer in Russian legal proceedings. – M.: Norma, 2012.

Autobiography

Autobiography

I have an incomplete family, I live with my mother. There are no brothers and sisters.

From 2001-2012 he studied at school No. 1714, there were two favorite subjects - social science and law.

In 2012, he was enrolled in GBOU SPO GKIBT No. 58, in the specialty Law and social security organization, and in September 2013 he was reorganized into GBOU SPO KAIT No. 20, and in currently I am a student of KAIT №20
During my two years in college, I took part in table tennis and futsal competitions.

By temperament, I am sanguine, mobile, efficient, I love big companies.

I am sociable, cheerful, responsible, organized, sociable.

My passion is everything related to football, my position in football is Goalkeeper.

Contact number: 8-925-176-03-75

Methodical part

My achievements

My achievements

This academic year, I participated in futsal competitions among 5 Colleges, and together with the team took 2nd place, losing in the final to the Main site of KAIT No. 20 with a score of 0: 5

Regulations

Professional Code of Ethics:

The emergence of the first professional ethical codes occurred in ancient times.

Professional ethics forms the norms, standards, requirements specific to certain types of professional activity.

On December 17, 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials.

Law enforcement officials have the responsibility to ensure the full protection of the health of the detainees, in particular to decide on the provision of medical assistance if necessary.

Judge's code of honor:

1. In his activity, a judge must be guided along with the Constitution and other legislative acts.

2. Obyazan avoid everything that could implore the authority of the judiciary.

3. The judge must be impartial, not allowing anyone to influence his professional activities.

4. The judge is obliged to maintain his qualifications at a high level.

5. The judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of the case.

Lawyer Code of Professional Ethics:

1.A lawyer under all circumstances must maintain honor and dignity.

2. The lawyer must avoid actions aimed at undermining trust.

3.Professional secrecy is an absolute priority for a lawyer.

4.A lawyer cannot assign the right of monetary claim to the principal.

5. The lawyer is not entitled to make public statements about the proven guilt of the principal, if he denies it.

Lawyer Code of Ethics

The code of professional ethics of a lawyer is a system of moral principles that underlie the activities of a lawyer and serve as his worldview and methodological guide.

It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. However, there are basic moral principles, without which a professional lawyer cannot take place in a state governed by the rule of law. They constitute the content of the code of professional activity of a lawyer:

1. The rule of law - means a lawyer's awareness of his mission of serving law and law, compliance with the rule of law. A practicing lawyer should not equate the concepts of law and law, but cannot oppose them. He must be guided by the consideration that the law in a constitutional state is legal, fair, and subject to strict enforcement. Even if any law, from his point of view, does not fully meet the ideas of the rule of law, the lawyer is obliged to guard the observance of its provisions. This can be called the principle of being bound by law, the priority of the law, which cannot be refuted. It is lawyers who are called upon to fight against legal anarchy, nihilism, to be "servants" of law, guardians of the law.

Thus, Article 20 of the Law of Ukraine "Militia" clearly establishes: "A police officer, in the performance of his duties, is guided only by the law, acts within its limits and obeys his immediate and direct superiors. No one has the right to oblige a police officer to perform duties not provided for by current legislation." As a criterion of "lawful" and "illegal" behavior, the law acts when the employees of the Security Service of Ukraine carry out their activities (most of which have a law degree). According to Art. 35 of the Law of Ukraine "On the Security Service of Ukraine" dated March 25, 1992, "employees of the Security Service of Ukraine independently make decisions within their powers. They must refuse to comply with any orders, orders or instructions that contradict the current legislation."

2. Humane treatment of people is an indispensable principle included in the code of professional ethics of a lawyer. He emphasizes that one high qualification (diploma and subsequent attestations) is not enough to become a professional legal worker. Of great importance is his caring attitude towards each person with whom he encounters in the course of his official duties. All people with whom the lawyer communicates by the nature of his work (witnesses, victims, suspects, defendants, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Everyone who, by force of circumstances, is drawn into communication with a prosecutor, investigator, judges, a lawyer, etc., expects from them not only a qualified (professional) performance of duties, but also a respectful attitude.

In the attitude of a lawyer to each specific person, one can judge the moral culture of the lawyer himself. The respectful attitude of a lawyer to a personality and to its problems allows you to create a special psychological atmosphere of trust and ensure the success of a legal case.

A humane (respectful) attitude towards people is an attitude in which the dignity of the individual is practically (in appropriate actions and motives) recognized. The concept of respect that has developed in the moral consciousness of society implies: justice, equality of rights, the fullest possible satisfaction of the interests of people, trust in people, attentive attitude to their beliefs, problems, sensitivity, courtesy, delicacy.

Unfortunately, in practice, the idea that the individual, his honor and dignity are above all, has not yet mastered lawyers, this is especially true for some law enforcement officers. Often police officers in their activities infringe on the rights of victims through inaction on their part - refusal to register crimes and initiate criminal cases, despite the existence of sufficient grounds for this.

Great harm to the "lawyer-client" relationship is caused by the bureaucratic thinking of some "servants of the law". With such thinking, there is no place for a person. For a bureaucrat man-in best case a means for solving socially significant problems, at worst, an obstacle to solving these problems. A situation arises when, for the sake of the good of society, the rights and interests of the individual are infringed.

Bureaucracy is always anti-democratic, but in law enforcement agencies it is more dangerous: there are immeasurably more opportunities for suppressing the individual, here the line separating justice from arbitrariness is more imperceptibly erased. To avoid this, it is necessary to return law enforcement activities to its originally intended purpose as a protector of people, a reliable guarantor of justice.

It is advisable to take into service the arguments of A.F. Koni about the relationship between the prosecutor and the participants in the trial. The prosecutor, acting as an accuser in court, is obliged with equal sensitivity and zeal to protect both the interests of society and human dignity personality. He must have such qualities as "calmness, the absence of personal anger against the defendant, the neatness of the accusation's methods, alien to the arousal of passions." "The prosecutor must always remember that both him and the defense counsel have one common goal: to assist with different points view of the court to find out the truth by means available to human forces.

3. Integrity is one of the basic principles of a high moral level in the performance of professional powers, which means an organic inability to act dishonestly. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve any goal, a lawyer chooses such methods and techniques that do not contradict the norms of law and morality. It is impossible to legislatively regulate all the nuances associated with legal practice, therefore, in some situations, the fate, good name of a particular person or his relatives depends on the decency of an investigator, judge, notary.

The integrity of a professional lawyer is based on such qualities as trust and empathy, honesty and truthfulness. Ethical qualities should be manifested in all types of relationships: "leader-subordinate", "between colleagues", "lawyer-client".

4. Trust is a person's attitude to the actions of another person, to himself, and is based on the belief in his rightness, loyalty, conscientiousness, honesty.

Some leaders see in their subordinates only the executors of their will, forgetting that these are primarily people with inherent problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss is often rude to him. This intolerable situation in the team creates conditions under which callousness, rudeness is transferred to their colleagues and to communication with other people. In order to avoid this, the leader must show constant concern for each member of the team. He is sometimes required to simply show interest in the problems in the subordinate's family, find out his opinion on issues related to work, give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the case are his interests.

Trust between colleagues plays a huge role, because with the seeming individuality of a lawyer's work, a positive result in resolving any legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation (for example, knowing about the lack of experience of his young colleague, to provide him with all possible assistance in difficult situations). Trust and empathy towards clients is one of the important ways of establishing psychological contact, since a person only then wants to cooperate with a lawyer (investigator, lawyer) if he realizes that there is a person opposite him who empathizes with him and wants to help by establishing the truth in the case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor, fawn over the front. It is trust and sympathy for a person that are the criteria for choosing a preventive measure by a lawyer (investigator, prosecutor, judge), as well as determining the type of punishment, based primarily on the provisions of the law.

5. Honesty implies adherence to principles, fidelity to accepted obligations, subjective conviction in the rightness of the case being carried out, sincerity to others and to oneself, recognition and observance of the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, a promise to bring the case to the end, as if it wasn't hard to do it.

Honesty is the key to moral relations in legal practice. This requirement follows from the objective necessity of joint activity, subject to a common interest - the establishment of the truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the real state of affairs from them, if this does not harm the interests of the individual and the state.

Truthfulness is a universal human requirement, however, certain types of legal activity, due to their specificity, need some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legends of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Disclosing the plan of the ongoing operation to the criminals cannot be called a moral act. In some cases, it can be considered acceptable and justified to deceive one's colleagues if the case under consideration is related to the corruption of officials in order to avoid pressure from "interested persons".

7. Selflessness - is expressed in actions that by their nature represent an act of self-sacrifice - voluntary sacrifice of one's interests, and sometimes even life for the sake of the interests of other people, the achievement of goals, in the name of justice.

In the conditions of the transitional period of our society and state, accompanied by the instability of the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become a model in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they get satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, a successful defense of a client in court, etc. So, the practical effectiveness of the act of a law enforcement officer who enters an unequal struggle with the enemy and sacrifices his health is very small, but his moral value, because its moral consequences most strongly affect the consciousness and behavior of all members of society, both law-abiding and criminals.

The code of professional ethics of a lawyer is a system of moral principles that underlie the activities of a lawyer, serving as his worldview and methodological guideline.

It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. Nevertheless, it is necessary to single out the basic moral principles, without which a lawyer cannot take place in a state of law. They constitute the content of the code of professional activity of a lawyer:

1. The rule of law - means the lawyer's awareness of his mission of serving law and law, compliance with the rule of law. A practicing lawyer should not equate the concepts of law and law, but cannot oppose them. He must be guided by the considerations that the law in a constitutional state is legal, fair, and subject to strict enforcement. Even if any law, from his point of view, does not fully meet the ideas of the rule of law, the lawyer is obliged to guard the observance of its provisions. This can be interpreted as the principle of being bound by law, the priority of law, which cannot be refuted. It is lawyers who are called upon to fight against legal anarchy, nihilism, to be "servants" of law, guardians of the law.

Thus, Article 20 of the Law of Ukraine "On the Police" clearly states: "A police officer, in the performance of his duties, is guided only by the law, acts within its limits and obeys his immediate and direct superiors. No one has the right to oblige a police officer to perform duties not provided for current legislation." The law acts as a criterion for "lawful" and "illegal" behavior when employees of the Security Service carry out their activities. According to Art. 35 of the Law of Ukraine "On the Security Service of Ukraine" dated March 25, 1992, "employees of the Security Service of Ukraine independently make decisions within their powers.

They must refuse to comply with any orders, orders or instructions that are contrary to applicable law."

2. Humane treatment of people is an indispensable principle included in the code of professional ethics of a lawyer. One high qualification (diploma and subsequent attg-station) is not enough to take place professional worker legal labor. Of great importance is his caring attitude towards the person with whom he encounters in the course of the performance of official duties. All people with whom the lawyer communicates by the nature of his activity (witnesses, victims, suspects, clients, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Everyone who, by force of circumstances, is involved in communication with a prosecutor, investigator, judges, a lawyer, etc., expects, along with a qualified performance of duties, a respectful attitude towards himself.

In relation to each specific person, one can promise about the moral culture of a lawyer. A respectful attitude to the individual and his problems allows you to create a special psychological atmosphere of trust and ensure the success of a legal case. The concept of respect that has developed in the moral consciousness of society implies: justice, equality of rights, the fullest possible satisfaction of the interests of the individual, trust in her, attentive attitude to her beliefs, problems, sensitivity, courtesy, delicacy. IN humane attitude to a person on the part of a lawyer, recognition of the dignity of the individual is concluded.

Unfortunately, in practice, the idea that a person, his honor and dignity are above all else, has not completely taken over lawyers, this is especially true for some law enforcement officers. Often, police officers in their activities infringe on the rights of victims through inaction on their part, for example, they refuse to register crimes and initiate criminal cases, despite the existence of sufficient grounds for this, etc.

Great harm to the "lawyer-client" relationship is caused by the bureaucratic thinking of some "servants of the law". With this approach, there is no place for a person. For a bureaucrat, a person is, at best, a means of solving socially significant problems, at worst, an obstacle in the way of solving these problems. A situation arises when, for the sake of the good of society, the rights and interests of the individual are infringed.

Bureaucracy is always anti-democratic, but in law enforcement it contains a significant danger.

ness: here there are immeasurably more opportunities for suppressing the individual, here the line that separates justice from arbitrariness is less noticeable. It is possible and necessary to eliminate this situation in the law enforcement system by restoring its originally conceived mission as a protector of people, a reliable guarantor of justice.

It is advisable to adopt the arguments of A.F. Koni on the relationship between the prosecutor and the participants litigation. The prosecutor, acting as an accuser in court, is obliged to protect both the interests of society and the human dignity of the individual with equal sensitivity and zeal. He must have such qualities as "calmness, the absence of personal anger against the defendant, the neatness of the accusation's methods, alien to the excitation of passions." "The accuser," emphasizes A.F. Koni, "should remember that he and the defender have one common goal: to serve the court from different points of view to find out the truth by means available to human forces."

3. Integrity is one of the basic principles of a high moral level in the performance of professional powers, which means an organic inability to act dishonestly. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve this goal, the lawyer chooses methods and techniques that do not contradict the norms of law and morality. It is impossible to legally regulate all the nuances associated with legal practice; in some situations, the fate, good name of a particular person or his relatives depends on the decency of an investigator, judge, notary.

The decency of a professional lawyer is built on such qualities as trust and cwyecmeue, honesty and truthfulness. These qualities should be manifested in all types of relationships: "leader - subordinate", "between colleagues", "lawyer - client".

4. Trust is a person's attitude to the actions of another person, to him, and is based on the belief in his rightness, loyalty, conscientiousness, honesty.

Some leaders see subordinates only as executors of their will, forgetting that they are primarily people with their own problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially the boss allows himself to be rude towards him. The intolerable situation in the team creates conditions under which hard-

hostility, rudeness are transferred to colleagues, to communication with other people. In order to avoid this, the leader must take constant care of each member of the team. He is sometimes required to simply show interest in the problems in the subordinate's family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. With this approach, the subordinate realizes that the interests of the case are his interests as well.

Trust between colleagues plays a huge role, because with the seeming individuality of a lawyer's work, a positive result in resolving a legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people.

Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation (for example, knowing about the lack of experience of his young colleague, provide him with all possible assistance in difficult situations).

Trust and empathy towards clients is one of the important ways to establish psychological contact. A person will cooperate with a lawyer (investigator, lawyer) when he realizes that he is in contact with a person who empathizes with him and wants to help by establishing the truth in the case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor. Trust and sympathy for a person are the criteria for choosing a measure of restraint by an investigator, prosecutor, judge, as well as determining the type of punishment, based primarily on the provisions of the law.

5. Honesty implies adherence to principles, fidelity to the obligations assumed, subjective conviction in the rightness of the ongoing work, sincerity to others and to oneself, recognition and observance of the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when, communicating with a client, he assumes obligations to perform significant actions for him, such as: ensuring the safety of his own or his family members, creating all conditions for protection, a promise to complete the case no matter how hard it is to do so.

Honesty is the key to moral relations in legal practice. This requirement follows from the objective need

the feasibility of joint activity, subject to a common interest - the establishment of truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the real state of affairs from them, if this does not harm the interests of the citizen and the state.

Truthfulness is a universal requirement, however, certain types of legal activity, due to their specificity, need some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legends of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Disclosing to the criminal the plan of the ongoing operation cannot be called a moral act. In some cases, deception against one's colleagues can be considered acceptable and justified if the case under consideration is related to the corruption of officials in order to avoid pressure from "interested persons".

7. Selflessness - is expressed in actions that by their nature represent an act of self-sacrifice - voluntary sacrifice of one's interests, and sometimes life for the sake of the interests of other people, achievement of goals, in the name of justice.

In the conditions of the transitional period of our society and state, accompanied by the instability of the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become a model in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they get satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, a successful defense of a client in court, etc. So, the act of a law enforcement officer who enters into an unequal struggle with the enemy and sacrifices his health sometimes does not, at first glance, have a significant practical effect, but its moral value is immeasurably great. Such an act strongly affects the consciousness and behavior of all members of society - both law-abiding and criminals.

Dialog communication

Communication is a two-way street. In order to communicate, we must express our ideas, our thoughts to those with whom we communicate, but we must allow our interlocutors to also express their ideas, thoughts and feelings.

A business conversation, as a rule, consists of the following stages: familiarization with the issue being resolved and its presentation; clarification of the factors influencing the choice of solution; choice of solution; making a decision and bringing it to the interlocutor. Recipe for success business conversation- competence, tact and goodwill of its participants. An important element of both business and social conversation is the ability to listen to the interlocutor.

Business conversation rules

Speak in such a way that each participant in the conversation can easily enter into a conversation and express their opinion.

· Intolerance to someone else's point of view is unacceptable. Expressing your opinion, you can not defend it, getting excited and raising your voice.

Elegance in conversation is achieved through clarity, accuracy and conciseness of the arguments and considerations expressed. During the conversation, it is necessary to maintain self-control, good humor and benevolence.

· Do not use tactless statements.

Professional ethics of a lawyer

Considered above general principles business communication. However, the specifics of business communication depends on the scope and nature of the work.

Professional Code of Ethics

The emergence of the first professional ethical codes occurred in ancient times. Moral regulations for priests performing priestly and judicial functions should be considered as such codes. The creation of professional codes testified to the transition from ordinary moral professional consciousness to a theoretical one. And this means that the formation of professional ethics has taken place. Professional ethics forms the norms, standards, requirements specific to certain types of professional activity. Thus, professional ethics is a code of conduct that prescribes the type of relationship that seems best from the point of view of the employee's performance of his professional duties in a particular field of activity.

It should be recognized that the expression "professional ethics" is to a certain extent conditional, because, as noted above, it means nothing more than professional moral codes. And from this point of view, it is legitimate to speak of professional morality. However, the expression "professional morality" implies spontaneity in the formation of specialized moral norms. The use of the concept of "professional ethics" is justified in the sense that it emphasizes the importance of a particularly carefully considered development of moral standards. The norms of professional morality are created by certain interested organizations with the involvement of theorists; they contain a significant element of rational justification. Although it should be clearly understood that the norms of morality act as a social regulator in specialized professional activity, and ethics is a form of their substantiation and systematization.

In principle, it is possible to develop a professional ethics for any activity. However, society shows increased moral requirements for certain types of professional activity. Basically, these are such professional areas in which the very process of activity requires the coordination of the actions of all its participants. Particular attention is paid to moral content activities of those professional groups, the object of which is a person. This causes a higher and multifaceted responsibility. There is a need for additional incentives and norms of behavior.

These increased requirements, in particular, relate to the sphere of administration of justice, which has the right to make responsible decisions regarding the fate of the individual and the state of society. So on December 17, 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials.

The Code formulates the basic rules of conduct for officials, which, in particular, include all appointed or elected persons whose activities are related to the application of law, who have police powers, especially to detain offenders.

Law enforcement officials have the responsibility to ensure the full protection of the health of detainees, in particular to take immediate action to ensure that medical assistance is provided if necessary.

The law enforcement system has also developed norms and principles of professional ethics in accordance with their place and functions in this system. We can talk about the existence of professional ethics, judges, prosecutors, lawyers, investigators and other participants in the law enforcement system.

Judge's code of honor

A significant role in ensuring the moral principles of law and order belongs to the judge. The main norms of the activity of a judge are regulated by the legislation. However, no matter how detailed the Law regulates the activities of a judge, it is not able to cover all moral requirements. Therefore, a code of honor for judges was adopted. The Code establishes the rules of conduct for a judge in professional and non-service activities.

· In his activity, the judge must be guided along with the Constitution and other legislative acts.

· A judge must avoid anything that could diminish the authority of the judiciary.

· The judge must be impartial, not allowing anyone to influence his professional activities.

· The referee is obliged to maintain his qualifications at a high level.

· The judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of the case.

business etiquette conversation lawyer code honor

Lawyer Code of Professional Ethics

The moral aspects of the lawyer's professional activity are regulated by the Lawyer's Code of Professional Ethics, adopted on January 31, 2003.

· A lawyer under all circumstances must maintain honor and dignity.

· A lawyer should avoid actions aimed at undermining trust.

· Professional secrecy is an absolute priority for a lawyer.

· A lawyer cannot cede the right of a monetary claim to a principal.

· A lawyer is not entitled to make public statements about the proven vein of the principal, if he denies it.