MORAL AND ETHICAL REQUIREMENTS AS AN ELEMENT OF ACCESS TO THE LEGAL PROFESSION: THE EXPERIENCE OF EUROPEAN UNION COUNTRIES AS A GUIDELINE FOR UKRAINE

Abstract

The article is devoted to the study of moral and ethical requirements as a key element of access to the legal profession, analysis of their application in European Union countries, and development of proposals for the implementation of relevant standards in Ukraine. Moral and ethical requirements for representatives of the legal profession are considered a fundamental basis for ensuring public trust in the legal profession, in particular the bar, which plays an important role in the implementation of the principles of justice, the rule of law and the protection of human rights. The article emphasises that integrity and an impeccable reputation are essential conditions for establishing the authority of justice and the legitimacy of its institutions.The study highlights that in Ukraine, the requirement of integrity is already institutionalised for judges and prosecutors, where it is enshrined in law and verified through integrity declarations and qualification procedures.At the same time, the Law of Ukraine “On the Bar and Legal Practice” does not contain clear moral and ethical criteria for persons seeking to obtain the status of a lawyer, limiting itself to formal grounds for refusal. This creates a gap in the professional selection system that does not meet modern challenges and European standards.Particular attention is paid to the analysis of scientific positions on the need to verify the moral qualities of persons seeking to obtain the right to practise law, in particular proposals to introduce psychological testing or the use of polygraphs, which, however, prove to be methodologically vulnerable and do not meet law enforcement standards. It has been proven that domestic doctrine lacks unified criteria for determining integrity, which necessitates the study of European experience.The article is based on the analysis of the experience of some European Union countries and establishes that moral and ethical requirements, such as an impeccable reputation, ethics, honesty, and the absence of immoral misconduct or actions that undermine trust in the profession, are mandatory for access to the legal profession. In turn, the procedure is not limited to checking for a criminal record, but covers a wider range of characteristics, including behaviour in previous professional activities, integrity in social relations, and consistency of lifestyle with declared income.Based on the research conducted, it is proposed to amend the Law of Ukraine “On the Bar and Legal Practice” by introducing moral and ethical requirements as a separate criterion for access to the profession.It is also recommended to introduce a mechanism for submitting declarations of integrity for persons seeking to obtain the right to practise law, with a presumption of the accuracy of the information provided and an obligation on the part of the qualifying bodies to verify it. This approach will not only formally establish the criterion of morality, but also ensure its effective application, bringing the Ukrainian model of access to the legal profession closer to European standards and contributing to the establishment of an independent, honest and authoritative bar.