THEORETICAL AND LEGAL ANALYSIS OF THE TERMINATION OF A LICENSE AS A DISCIPLINARY PUNISHMENT MEASURE APPLIED TO AN ADVOCATE

Abstract

This scientific article provides a comprehensive analysis of the theoretical and legal essence of the institute of license termination, which is one of the strictest disciplinary measures applied to a lawyer. It highlights the role of this measure in ensuring the prestige of the legal profession, professional responsibility, and public trust in the institution of the bar. Also, the legal basis for the termination of a license within the framework of the lawyer’s disciplinary liability, the criteria for its application, the procedural procedure, and legal consequences are disclosed on the basis of national legislation and scientific views. In the course of the study, the legislation of Kazakhstan, Belarus, Turkey, Russia, Lithuania, Slovenia, Poland, and Estonia was studied from a comparative legal perspective, and advanced approaches were identified. The article substantiates practical problems related to the multi-stage nature of existing national procedures, bureaucratic complexity, and the prolongation of judicial procedures. In conclusion, proposals were put forward to simplify the mechanisms for the execution of this disciplinary sanction, optimize powers, and improve the system while maintaining the guarantee of appealing decisions in court. Furthermore, the article separately substantiates the need to adhere to the principles of proportionality, fairness, and professional independence when applying this institution. The proposed approaches serve to increase the legal clarity, consistency, and effectiveness of disciplinary liability in the legal profession.