Lawyer mystery as it was accepted, on qualitative attributes is a professional secret, content and concept which is defined in Art. 9 of the Law of Ukraine \u0026quot;On Advocacy\u0026quot;. The main content of the concept of \u0026quot;lawyers \u0026#39;mystery\u0026#39; is information obtained by counsel in carrying out their professional duties, namely: issues on which there can not be appealed to a lawyer, the essence of counseling, advice, explaining the roses, the data of inquiry, etc.
At the same time, the definition of the legal profession as a legal institution would give the attorney\u0026#39;s secret is, she could have won state status.
In this approach, the Law \u0026quot;On Advocacy\u0026quot; was not fully implemented the Law \u0026quot;On Information\u0026quot;. In particular art. The last 39 of the Act defines information as a commodity, and it is, in fact, the trade relations. It also defines the object of information relations. According to Art. 8 it is documented or publicly disclose information about events and phenomena in the field of politics, economy, culture, as well as in social, economic, international and other spheres.
Based on the analysis of only two articles of the law \u0026quot;On information\u0026quot; could be argued that the definition of secrecy law in the Law \u0026quot;On Advocacy\u0026quot; is incomplete This situation can be justified only by the fact that the law is incomplete, and regulates, in fact, the profession as a member public about the merger and does not determine the principles of the legal profession. Justify what has been said and what functions the bar, as a legal institution, regulates not only the law \u0026quot;On Advocacy\u0026quot;, but the existing legislation.
Respect for the principle of confidentiality is an essential prerequisite for the necessary trust relationship between lawyer and client, which are indispensable for the proper rage of legal aid. So the confidentiality of any information, received \u0026quot;a lawyer from the client, as well as the client or others in the implementation of the law * is the right lawyer in dealings with all entities which may require disclosure of such information, and responsibility for the client and those whom the information relates.
Lawyer lawyer is obliged to keep secret
The subject of secret law are matters on which a citizen or legal person approached a lawyer, the essence of consultation, advice,
explanations and other information obtained by counsel in carrying out their professional duties.
Confidentiality of certain information, protected by the rules of art. 4 of the Law \u0026quot;On Advocacy\u0026quot; can be canceled only by a person interested in 1G compliance (or heirs of such individual or the successor entity], in written or other recorded form. However, according to Art. 9 of the Act, deer preliminary investigation, which became well-known lawyer in connection with the performance of their professional duties, may also be disclosed with the permission of the investigator or prosecutor.\u0026#39;s lawyers found guilty of leaking the data of the preliminary investigation shall be liable under applicable law. In other words, counsel, assistant counsel and counsel to officials of the association not to divulge information, are the subject of secret law, and use them in their own interests of third parties.
Disclosure of information constituting a lawyer\u0026#39;s secret, forbidden under any circumstances, including illegal attempts bodies of inquiry, preliminary investigation and trial counsel\u0026#39;s questioning about the circumstances, lawyers are a mystery. This is evidenced by the situation of art. 10 of the Law \u0026quot;On Advocacy\u0026quot;, namely: the documents related to the implementation of the lawyer orders, not subject to inspection, disclosure or withdrawal without his consent. Prohibited wiretapping in lawyers in connection with the operational-search activity without the authorization of the Prosecutor General of Ukraine, his deputies, prosecutors of the Autonomous Republic of Crimea, oblasts, cities of Kiev.
According to this article professional rights, honor and dignity of the lawyer are protected by law. Any interference in the legal profession, to require a lawyer, his assistant, officials and technical staff attorney of the compounds of the information constituting attorney secrets. On these issues, they can not be called and questioned as witnesses about the circumstances that have become known to them in connection with an appeal to them for legal aid or in connection with the provision.
In Germany, legislation similar to the medical mysteries of nature and the lawyer has a secret. Lawyer, regardless of the will of the client is obliged to keep it for 5 years after the implementation of the customer\u0026#39;s order, to which that information relates. In Ukraine, the law imposes on counsel\u0026#39;s duty to keep secret information that has become known to him in connection with the discharge of its responsibilities with regard to the documented information related to the performance by counsel assignments.
Prisyagnuv always be fair and principled, honest and attentive to people, strictly maintain attorney secrets, everywhere and always cherish the purity of the title attorney, the person may be liable for any breach thereof. In addition, the disclosure of the information received is not the aesthetic and justice to the person who gave them.