Средства обеспечения сохранности адвокатской тайны по законодательству Украины

Abstract

The article an analysis the positions of scientists and normative regulation in the context of determining the legal nature of means of securing a lawyer's secret. It is concluded that the Ukrainian legislation in the field of determining the means to ensure the preservation of the legal profession generally corresponds to the traditions of European countries and the practice of the European Court of Human Rights. Attention is drawn to the fact that the presence of significant inaccuracies and gaps, as well as the fact that there are no provisions in the Criminal Procedure Code of Ukraine on the specifics of carrying out such investigative actions as questioning an attorney and conducting a search or inspection of a home or other possession in respect of him, in no way contribute to a proper and uniform The application of the legislation on observance of guarantees of preservation of a lawyer's secret.