Правовая природа и границы адвокатской тайны по законодательству Украины

Abstract

The article an analysis essence of the lawyer's secret, as well as possible cases of its disclosure under Ukrainian law. The necessity of using a broad understanding of the notion of «lawyer secrecy» is justified, which should be understood as virtually any information that is in the possession of the lawyer in connection with providing them with professional legal assistance to the client. The conclusion is drawn that the disclosure of information constituting an advocate's secret (the obligation of preservation of which is not limited in time) is determined, on the one hand, by the interests of the client (upon his written application, the legal guarantee of preserving such secrecy is lost) and can not be associated with assigning to a lawyer the duty to report as about the crime of his client, which has already taken place (but is not known by the law enforcement agency), as well as about the crime that he is just about to commit, and on the other – the interests of a lawyer , since it is not allowed to misuse the client's rights.