SOME ISSUES OF THE EFFECT OF THE OATH WHEN THE RIGHT TO EMPLOYMENT IS SUSPENDED ADVOCACY ACTIVITY

Abstract

The article analyzes modern legislation and judicial practice regarding the suspension of the right to practice as a lawyer due to incompatibility with the activities of a lawyer and the possibility of a lawyer being under the influence of two oaths. During the review, some gaps in the legislation were identified, which, due to the lack of specification of a number of norms, allow it to be interpreted in two ways. It is necessary to consider the possibility of making changes to the legislation regarding the determination of the ability to obtain a certificate of the right to practice law and a certificate of a lawyer of Ukraine by certain categories of persons whose professions are incompatible with the activity of a lawyer, the unification of the definition of the concept of a lawyer who has stopped practicing law, the validity of the oath of a lawyer of Ukraine in the period suspension of the lawyer's activity by the lawyer.

Key words: lawyer, oath of a lawyer of Ukraine, lawyer's activity, suspension of the right to engage in lawyer's activity, incompatibility with lawyer's activity.