Professional legal ethics: types, code, concept

Of the great variety of modern varieties of professional ethics, it is necessary to distinguish a legal one. This category is closely connected with the peculiarities of legal activity, in the course of which human destinies are often solved. What is legal ethics? ее сегодня возрастает или угасает? Does its significance today increase or dwindle? Why? These and other equally important questions can be found in the process of getting acquainted with the materials of this article.

Legal ethics: concept

– это особая категория, ведь соответствующую деятельность продвигают специалисты разных профессий юридической направленности. Legal ethics - this is a special category, because the relevant activities are promoted by specialists of different professions of legal orientation. Among them are prosecutors, lawyers, investigators, judges, employees of law enforcement agencies, state security, legal advisers, customs officers, notaries, tax police officers and so on.

It is important to note that for each of the professions currently represented, they have their own codes regarding professional ethics, which are fixed in various regulations and documents. , судьи, прокурора и множество других категорий. So, the legal ethics of the lawyer , judge, prosecutor and many other categories are highlighted. It should be noted that the current codes include the following items:

• Code of honor of the judge.
• Code of honor of the judge in relation to the Constitutional Court.
• Rules of professional ethics in relation to counsel.
• в плане чести сотрудников органов и соответствующих подразделений внутренних дел. Code of legal ethics in terms of the honor of employees of the bodies and relevant departments of internal affairs.
• Oath of the prosecutor's office.
• The norms of the Criminal Code, as well as the Code of Criminal Procedure.

юриста невозможна без документов, перечисленных выше. Thus, the professional legal ethics of a lawyer is impossible without the documents listed above. In addition, an important role is played by simple norms of morality, which are not fixed in the codes. Anyway, this should be remembered.

– не что иное, как разновидность профессиональной этики, которая представляет собой организованную совокупность нормативов поведения сотрудников юридической области. It would be advisable to draw a conclusion that legal ethics is nothing but a kind of professional ethics that is an organized set of standards for the conduct of employees of the legal field. The latter, in one way or another, are fixed in regulations, codes and oaths that regulate both official and off-duty behavior of workers in this sphere.

Content of legal ethics

в силу специфики деятельности сотрудников юридической области содержит судебную, прокурорскую, следственную, адвокатскую этику, этику сотрудников органов внутренних дел, а также государственной безопасности, включая разнообразные структурные подразделения, юридические службы предприятий, акционерные общества и фирмы, а также этику преподавателей юридически направленных учебных заведений и ученых-юристов. As it turned out, the legal ethics system , due to the specifics of the activities of legal professionals, contains judicial, prosecutorial, investigative, lawyer ethics, ethics of employees of law enforcement agencies, as well as state security, including various structural divisions, legal services of enterprises, joint-stock companies and firms, and Ethics of teachers of legally-oriented educational institutions and legal scholars.

It is important to note that further integration and specialization of legal activity can cause the formation of fundamentally new types of legal ethics. Already today, for example, there is a question about the ethics of a software lawyer or computer user.

не сводится к одной лишь судебной этике. One way or another, professional legal ethics is not limited to judicial ethics alone. By the way, this position in history occupies a special place. Thus, the authors of the Judicial Handbook, which was published in 1972, presented judicial ethics as "a broad, generic concept that covers the activities of not only judges but also investigators, prosecutors, lawyers, persons conducting inquiries and other persons who Contribute to justice "(page 33 of the Judicial Handbook). The authors of this book proceeded primarily from the fundamental place of the judiciary in the general system of state law enforcement agencies. In addition, under Article 10 of the Constitution of the Russian Federation, the judiciary is nothing but a special branch of state power.

Why the legal ethic was equated with the judicial one?

приравнивалась к судебной? Why did the professional ethics of legal activity equate to judicial practice ? The reason for this can be seen in the fact that, in accordance with Article 118 of the Constitution of the Russian Federation, justice in the Russian Federation is exclusively carried out by judicial bodies through constitutional, civil, administrative and criminal proceedings. Thus, all the activities of subjects of professional-legal relations, which precedes the trial, works for the judiciary. In other words, it is carried out for the sake of the work of justice in relation to this or that matter.

были сформированы на основе судебной этики. So, all kinds of legal ethics were formed on the basis of judicial ethics. The established common goal, which, in one way or another, concerns the activities carried out by all law enforcement agencies; The similarity of the moral and professional requirements imposed on the subjects of this activity, and became the main factor that caused the emergence of such a consolidating term as judicial ethics. By the way, it is often defined as a "science about the moral roots of judicial and other related activities."

With all due respect to the judiciary as the most important link in the state law enforcement system as a whole, related to the protection of legitimate interests and rights of both legal and natural persons, their activities can not cover all aspects without exception, which concern a multifaceted and large-scale In terms of understanding legal activities. являются лишь разделами профессиональной этики специалистов юридической сферы. That is why all types of legal ethics are only sections of the professional ethics of legal professionals. It is necessary to supplement that the situation also concerns judicial ethics.

Analysis of other sub-sectors of ethics

, помимо судебной, включает и иные подотрасли. As it was mentioned, the ethics of legal activity , in addition to the judiciary, includes other sub-sectors. This includes the ethics of the legal adviser (business lawyer); And the ethics of a lawyer who is called upon to assist a suspect, defendant, accused or victim in accordance with his qualifications (ethics of lawyers); And the ethics of a specialist lawyer, disclosing crimes and investigating criminal cases and so on.

In the fall of 1901, Anatoly Fedorovich Koni began the reading of the course in relation to criminal proceedings. The event was held in the Alexandrov Lyceum. ». In 1902, in the Journal of the Ministry of Justice, he published his introductory lecture entitled "Moral Principles Regarding the Criminal Process," and the subheading was the phrase " Peculiarities of Legal Ethics ." In the next chapter, it is advisable to discuss the moral rules that define each of the currently known varieties of legal ethics.

Moral rules

, адвоката, судьи, прокурора и так далее) вместе с моральными принципами общей направленности наделен еще и специфическим набором правил нравственности. Each type of legal ethics (for example, the legal ethics of a lawyer , a lawyer, a judge, a prosecutor, etc.) along with moral principles of a general orientation is also endowed with a specific set of rules of morality. The latter, in one way or another, are due to the characteristics of legal activity. Therefore, on legal grounds, one can talk about scientific directions, in accordance with which the study of not only judicial, but also investigative, lawyer ethics and so on is carried out. в данном случае является базой, на которой формируются представленные разновидности. And the legal ethics in this case is the base on which the presented varieties are formed.

It would be advisable to conclude that enriching the content of each species is nothing more than qualitative and quantitative improvement of knowledge with respect to legal ethics in general. At the same time, one must never lose sight of the fact that the moral norms, professional and moral requirements underlying varieties and presented to the relevant actors are fixed through legal norms and are implemented in law enforcement activities, which in one way or another pertain to the issue under consideration.

любого из видов включает исключительно нормы нравственности и отношения, возникающие в процессе осуществления актуальной юридической деятельности конкретного специалиста юриста, будь то судья, адвокат, прокурор или представители иных профессий данной категории. That is why professional ethics in legal professions of any kind includes only the norms of morality and attitudes that arise in the process of actual legal activity of a particular lawyer, be it a judge, lawyer, prosecutor or representatives of other professions of this category. The provisions presented in the chapter, one way or another, necessitate the study of general requirements, which, as a rule, are presented to lawyers, regardless of their specialization.

Code of legal ethics

The code of professional ethics of a lawyer should be understood as a system of moral principles that underlie his activity and serve as a guide in the philosophical and methodological plan. It is important to note that it is impossible to provide a full list of the moral principles of the specialist in question, because each individual is individual, that is why each person can bear more or less of these moral principles in a different combination.

Nevertheless, to date, there are key moral principles, without which a lawyer can not take place in a state governed by the rule of law. It is they who make up the content of the code regarding the activities of a professional lawyer. It will be advisable to consider the relevant items in more detail.

The rule of law and humanity

, как верховенство права, означает осознание профессионалом юридической области собственной миссии служения закону и праву, а также соблюдение законности. Such a norm of legal ethics , as the rule of law, means awareness by the professional in the legal field of his own mission of serving the law and the law, as well as compliance with the rule of law. So, a lawyer in practical terms can not identify the definitions of law and law, however, and should not oppose these terms. It should be noted that, one way or another, he undertakes to invoke the following consideration: the law in any legal state is fair, legal and subject to strict enforcement. Moreover, even if a certain law, in accordance with the opinion of a specialist, does not completely share the ideas of a law-based state, it undertakes to stand guard over compliance with all provisions of this legal act. Such circumstances in some respect reflect the principle of the priority of law, the connection of the law, which in any case can not be refuted. Thus, it is professional lawyers who are called upon to fight against nihilism, legal anarchy, and also to be the guardians of the law and the "servants" of law.

содержит непременно гуманное отношение ко всем людям. In addition to the rule of law, legal ethics contains an indisputably humane attitude to all people. This principle is included in the code of professional ethics. It is important to note that he emphasizes the following provision: only a high qualification (namely a diploma and subsequent certification) is not enough to become a professional employee of legal work. Therefore, it is important not to forget that his careful attitude to absolutely every individual with whom the specialist meets in the performance of his official duties is given serious importance. It must be remembered that all people with whom a lawyer communicates (this includes victims, witnesses, defendants, suspects, etc.), treat him not only as a performer of a specific professional role, but also as a person with some Characteristics of positive and negative directivity.

It is important to note that every individual who, due to certain circumstances, communicates with a judge, investigator, prosecutor or lawyer, expects from them both professional (qualified) performance of duties, and respectful attitude to himself and his problem. After all, the culture of a lawyer is judged precisely by his attitude to absolutely every person individually. So, the respectful location of the professional to the individual with all of its problems makes it possible to form a psychologically special atmosphere, as well as to ensure success in the legal matter.

What it is necessary to understand under the respect for people? A humane attitude is nothing more than an attitude, where in practical terms (in connection with certain motives and actions), one way or another, one recognizes the dignity of the individual. The concept of respect that has developed in the public mind involves the following categories: equality of rights, justice, trust in people, maximum level of satisfaction of human interests, attentive attitude to people's convictions and their problems, politeness, sensitivity, delicacy.

Execution of the idea in practice

To my great regret, in practical terms, the idea that a person, his dignity and honor is above all, has not yet fully mastered lawyers. By the way, especially this provision is typical for the staff of modern law enforcement agencies.

Often police officers, in the course of their activities, infringe upon the rights of victims through ordinary inaction - refusal to initiate criminal cases and register crimes, despite sufficient grounds for doing so. It is important to remember that an inexhaustible harm to such relationships as the "lawyer-client" is brought about through bureaucratic thinking of a number of "ministers of the law". The fact is that in the case of such thinking, there is no place in the legal profession for a person. By the way, for the bureaucrat the individual is sometimes an excellent tool for solving issues that are significant for society. However, as a rule, a person for him is an obstacle to the solution of such questions. So, the situation arises: for the public good, the interests and rights of a particular person are infringed.

Bureaucracy is always anti-democratic, but in law enforcement it is much more dangerous, because in this case there are many opportunities for suppressing a person as a person. In addition, with a great desire, it is here that one can imperceptibly erase the boundary that separates arbitrariness from justice. In order to avoid such circumstances, it is necessary to return to law enforcement the originally conceived purpose, consisting in protecting people and giving them a reliable guarantor of justice.

Decency

, является порядочность. The next feature of such a category as legal ethics is decency. It is one of the basic principles of a sufficiently high moral level of performing professional operations. This principle is interpreted as an organic inability to act in an inhuman way. First of all, the use of the presented rule is noticeable in the techniques and techniques used by the professional lawyer in his own activity.

It should be noted that in order to achieve absolutely any goal set, a lawyer chooses such methods and methods that in no way conflict with legal and moral norms. The fact is that it is legally impossible to regulate all sorts of nuances that, in one way or another, are related to legal practice. That is why in certain situations a good name or even the fate of a person and his relatives depends on the decency of the judge, investigator or notary.

It is important to know that the decency inherent in a professional lawyer is built on the following qualities: empathy, trust, truthfulness, honesty. By the way, the presented characteristics should be manifested in absolutely all types of relationships: "lawyer-client", "leader-subordinate", "colleague-colleague" and so on.

Confidence

Trust should be understood as a person's attitude to the actions and actions of another person, as well as to himself. Trust in the first place is based on the conviction of the person's rightness, honesty, conscientiousness, fidelity.

Today, management often sees only those who carry out their own will to be repaired. They forget that, first of all, they are people with characteristic positive and negative qualities, with their concerns and problems. In the presented situation, the subordinate does not feel necessary, he can not feel himself fully in person, especially when the authorities often show coarseness to him.

By the way, such an intolerable situation, one way or another, forms in the team such conditions, in accordance with which rudeness and callousness is transferred to communication with colleagues and other people. It is important to say that in order to avoid this, management must constantly show concern for each member of the team. So, sometimes he just needs to inquire about the family problems of the subordinate; To clarify his point of view on issues that, in one way or another, concern the organization of the work process; Give it an objective assessment as a specialist. Exceptionally, in the case of such an approach, the subordinate sincerely realizes that the interests of the case are nothing but his own interests. It is then that the most successful result of joint professional activity in the legal sphere is achieved. This must always be remembered and, of course, guided by this principle in practice.

As we see, professional ethics are very important not only for the specialist himself, but also for his business and close associates.