From the great variety of modern varietiesprofessional ethics must be distinguished legal. This category is closely connected with the peculiarities of legal activity, in the course of which human fates are often decided. What legal ethics? Value Is it growing or fading today? Why? These and other equally important questions can be answered in the process of familiarization with the materials of this article.
Legal ethics - This is a special category, because the correspondingthe activity is promoted by specialists of various legal professions. Among them are prosecutors, lawyers, investigators, judges, employees of internal affairs bodies, state security, legal advisers, customs officers, notaries, tax police officers, and so on.
It is important to note that for each of theprofessions today have their own codes in relation to professional ethics, which are fixed in various regulations and documents. So stands out legal ethics lawyer, judges, prosecutors and many other categories. It should be noted that the number of codes in force today includes the following points:
So, professional legal ethics 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. One way or another, this should be remembered.
It would be advisable to conclude that legal ethics - nothing more than a kind of professionalethics, which is an organized set of standards of conduct for employees in the legal field. The latter, in one way or another, are fixed in the regulations, codes and oaths that regulate both service and off-duty behavior of workers in this sphere.
It turned out, legal ethics system due to the specifics of employeesThe legal field contains judicial, prosecutorial, investigative, advocate ethics, ethics of employees of the internal affairs bodies, as well as state security, including various structural divisions, legal services of enterprises, joint-stock companies and firms, as well as ethics of teachers of legal schools and legal scholars.
It is important to note that further integration andspecialization of legal activity may lead to the formation of fundamentally new types of legal ethics. Today, for example, there is a question about the ethics of a lawyer programmer or a computer user.
Anyway, professional legal ethics 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, represented judicial ethics as a “broad, generic concept encompassing the activities of not only judges, but also investigators, prosecutors, lawyers, investigators and others promote justice "(page 33 of the Judicial Handbook). The authors of this book proceeded primarily from the fundamental place of the judicial authorities in the general system of state bodies of law enforcement nature. In addition, under Article Ten of the Constitution of the Russian Federation, the judiciary is nothing but a special branch of state power.
Why professional ethics of legal activity equated to the judicial?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 carried out exclusively by judicial bodies through constitutional, civil, administrative and criminal legal proceedings. Thus, all activities of the subjects of professional-legal relations, which precede the trial, work for the judicial authorities. In other words, it is carried out for the sake of justice in a particular case.
So all types of legal ethics were formed on the basis of judicial ethics.Established common goal, which, in one way or another, concerns the activities carried out by all law enforcement agencies; the similarity of moral and professional requirements for the subjects of this activity became the main factor responsible for 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 types of activity connected with it."
При всем в полной мере заслуженном уважении к judicial authorities as the most important element of the state law enforcement system as a whole, relating to the protection of the legitimate interests and rights of both legal entities and individuals, their activities cannot cover all aspects without exception that relate to a multifaceted and ambitious in terms of understanding legal activities. That is why everything types of legal ethics they are only sections of professional ethics of legal professionals. It is necessary to add that the provision applies to judicial ethics.
As noted ethics of legal activity, in addition to judicial, 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 who uncovers crimes and investigates criminal cases, and so on.
In the autumn of 1901, Anatoly Fedorovich Koni setBeginning of a course on criminal proceedings. The event took place in the Alexander Lyceum. In 1902, in the Journal of the Ministry of Justice, his introductory lecture entitled “Moral principles regarding the criminal process” was published, the phrase “Features of legal ethics". In the next chapter it will be advisable to discuss the moral rules that define each of the currently known varieties of legal ethics.
Every kind of legal ethics (for example, legal ethics of a lawyer, lawyer, judge, prosecutor, and so on) togetherwith the moral principles of a general orientation, it is also endowed with a specific set of moral rules. The latter, one way or another, are determined by the characteristics of legal activity. Therefore, it is legitimate to speak with respect to scientific fields, in accordance with which not only judicial, but also investigative, advocate ethics and so on are studied. And legal ethics in this case it is the base on which the varieties are represented.
It would be advisable to conclude thatenrichment of the content of each type is nothing more than a qualitative and quantitative improvement of knowledge in relation to legal ethics in general. At the same time, it is necessary to never lose sight of the fact that moral norms, professional and moral requirements underlying varieties and imposed on relevant subjects are fixed by legal norms and are implemented in law enforcement activities, which, one way or another, relate to the issue under consideration.
That is why professional ethics in legal professions any type includes exclusively normsmorality and relations arising in the implementation of relevant legal activities of a particular lawyer, whether it be a judge, lawyer, prosecutor or representatives of other professions of this category. The provisions presented in the chapter, one way or another, make it necessary to study the requirements of a general nature, which, as a rule, are imposed on lawyers regardless of their specialization.
Under the code of professional ethics lawyerit is necessary to understand the system of moral principles that underlie its activities and serve as a guideline in ideological and methodological terms. It is important to note that it is impossible to provide a complete list of the moral principles of the specialist under consideration, because each person is individual, therefore each person can be a carrier of more or less of these moral principles in a different combination.
Тем не менее на сегодняшний день выделяются key moral principles, without which a lawyer can not be held in a state of law. They constitute the content of the code in relation to the activities of a legal professional. It would be advisable to consider the relevant points in more detail.
Such legal ethicsas the rule of law means awarenessa professional in the legal field of his own mission of serving the law and the law, as well as the rule of law. Thus, a lawyer in the practical aspect cannot identify the definitions of law and law, however, he should not oppose these terms. It should be noted that, in one way or another, he undertakes to refer to the following consideration: the law in any legal state is fair, legal and enforceable. Moreover, even if a certain law, in accordance with the opinion of a specialist, does not quite share the ideas of a rule-of-law state, he undertakes to uphold the observance of all provisions of this legal act. Such circumstances in some respects reflect the principle of the priority of the law, connectedness by law, which in any case cannot be refuted. So, it is legal professionals who are called upon to fight nihilism, legal anarchy, and also to be the overseers of the law and the "servants" of law.
Besides the rule of law, legal ethics always contains a humane attitude towards allto people. This principle is included in the code of professional ethics. It is important to note that he emphasizes the following position: high qualifications alone (namely, a diploma and subsequent attestation) are not enough to become a professional employee of legal work. Therefore, it is important not to forget that his caring attitude to absolutely every individual that the specialist encounters in the performance of his official duties is endowed with serious meaning. It must be remembered that all people with whom a lawyer communicates according to the nature of his own activities (this includes victims, witnesses, defendants, suspects, etc.) consider him not only as an executor of a specific professional role, but also as a person with characteristics of positive and negative directivity.
It is important to note that every individual whothe reason of certain circumstances communicates with the judge, investigator, prosecutor or lawyer, expects them to both professional (qualified) performance of duties and respectful attitude to themselves and their problem. After all, the culture of a lawyer is judged by his attitude towards absolutely every person individually. Thus, the respectful disposition of a professional to a person with all her problems allows us to create a psychologically special atmosphere, as well as ensure success in legal business.
Что же необходимо понимать под уважительным attitude to people? A humane attitude is nothing other than an attitude, where in a practical aspect (in connection with certain motives and actions), one way or another, the dignity of the individual is recognized. The concept of respect that has developed in the public consciousness suggests the following categories: equality of rights, justice, trust in people, the maximum level of satisfaction of human interests, attention to the convictions of people and their problems, politeness, sensitivity, delicacy.
Unfortunately, in practical terms, the ideathat the man, his dignity and honor - above all, today has not completely mastered the lawyers. By the way, this provision is especially characteristic of modern law enforcement officers.
Зачастую работники полиции в процессе собственной activities infringe upon the rights of victims through ordinary inaction - refusal to initiate criminal cases and register crimes, despite the existence of sufficient grounds for this. It is important to remember that the inexhaustible harm to such relationships as a lawyer-client is applied through the bureaucratic thinking of a certain number of "servants of the law." The fact is that in the case of such thinking there is no place for a person in the legal profession. By the way, for the bureaucrat the individual is sometimes a great tool for solving issues that are significant to society. However, as a rule, a person for him is an obstacle in the way of solving such issues. Thus, a situation arises: for the sake of the public good, the interests and rights of a particular person are violated.
Red tape is always anti-democratic.character, but in law enforcement, he is much more dangerous, because in this case there are many opportunities for the suppression of the person as a person. In addition, with a strong desire, it is here, in an inconspicuous manner, that one can erase the boundary that separates outrage from justice. In order to avoid such circumstances, it is necessary to return the originally intended purpose to law enforcement, which is to protect people and provide them with a reliable guarantor of justice.
The next feature of such a category as legal ethicsis decency.It is one of the basic principles of a fairly high moral degree of professional operations. This principle is interpreted as an organic inability to act inhuman nature. First of all, the use of the presented rule is noticeable in the methods and techniques used by a legal professional in his own activities.
It should be noted that to achieve absolutelyAny goal a lawyer chooses such methods and methods that in any case do not contradict the legal and moral norms. The fact is that in a legislative way it is impossible to regulate all sorts of nuances that, one way or another, are connected with 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 a judge, investigator or notary.
It is important to know that decency is inherenta professional lawyer is built on the following qualities: sympathy, trust, truthfulness, honesty. By the way, the presented characteristics should appear in absolutely all kinds of relationships: “lawyer-client”, “manager-subordinate”, “colleague-colleague” and so on.
Trust is a person’s attitude.to the actions and actions of another person, as well as to himself. Confidence is primarily based on the conviction of the rightness of this person, honesty, integrity, loyalty.
Сегодня руководство зачастую видит в своих repaired only performers of their own will. They forget that, first of all, they are people with positive and negative qualities characteristic of them, with their own concerns and problems. In the present situation, the subordinate does not feel necessary, he cannot feel himself as a person to the fullest extent, especially when the authorities often show him rudeness.
By the way, so intolerable situation, one way orotherwise, it forms in the collective such conditions in accordance with which coarseness 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 take care of each member of the team. So, sometimes it just requires him to ask about the family problems of the subordinate; find out his point of view on issues that, one way or another, relate to the organization of the work process; give it an objective assessment as a specialist. Only in the case of such an approach, the subordinate sincerely realizes that the interests of the cause are nothing but his own interests. It was then that the most successful result of joint professional activities 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 is very important not only for the specialist himself, but also for his business and close circle.
