Guarantees of Compliance with Professional Ethics by Judge, Prosecutor and Barrister (on the Example of Ukraine)

The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.

The Concept of Legitimacy on the Example of the Status of a Judge in Polish Constitutional Law

The subject of the analysis is the definition of legitimacy of the systemic status of a judge. The author has previously reconstructed two lexical understandings of the term “legitimacy”, which he defined as “state” and “process,” respectively. The thesis, that the way of defining the term “legitimacy” as “process” is adequate for analyzing the legitimacy of a judge’s constitutional position is the apex for further research. The author has formulated his own definition of legitimacy, referring to the judge’s systemic status. This is a particularly momentous task given the complexity of the construct of legitimacy, as well as the prevailing terminological confusion in the doctrine. The problem of legitimacy with regard to judges is crucial not only in terms of the legitimacy of their constitutional position, but also in terms of a possible finding of lack of legitimacy, given the consequences of this.