Administrative and Procedural Foundations of Disciplinary Proceedings Against Attorneys: The Experience of the EU Countries

Abstract

The article provides a comprehensive analysis of the organizational and legal models, as well as the administrative and procedural frameworks, of disciplinary liability for advocates in Ukraine and European Union countries. It examines contemporary legal doctrine, which notes the relative institutional stability of the domestic two-tiered system of disciplinary bodies since 2012. It is demonstrated that in the context of Ukraine’s European integration, an objective need arises to harmonize national legislation on the legal profession (advocacy) with European standards. This necessitates a rethinking of the category of an advocate’s independence as part of their public duty to society.

The theoretical and practical value of the article is determined by the substantiation of a three-component classification of European disciplinary procedures against advocates, highlighting specific parameters for their implementation into Ukrainian law enforcement practice. Based on the analysis of international legal instruments, three key European models of disciplinary bodies are identified and categorized: the public accountability model (e.g., England and Wales), the quasi-judicial model of functional separation (e.g., France and Poland), and the integrated judicial control model (e.g., Germany). The advantages and specific characteristics of each model in ensuring the procedural guarantees of the participants in the proceedings are clarified.

It is established that the key vulnerability of the Ukrainian model is the excessive concentration of investigative and quasi-judicial functions within a single institution. Promising vectors for modernizing the Law of Ukraine "On Advocacy and Legal Practice" are substantiated. In particular, these include the legislative separation of the investigation and complaint-review stages through the introduction of an autonomous institute of a disciplinary ombudsman (rapporteur); the involvement of legal scholars and civil society representatives in appeal procedures.