Which acts entail the disciplinary liability of an advocate?
Non-performance of the duties established by law — including failure to protect professional secrecy and violation of the conflict-of-interest rule — and violation of the code of professional ethics. No other circumstance can become a source of a disciplinary sanction.
Within what period are proceedings initiated?
Less than 5 years must have elapsed between the disputed act and the application to the Ethics Commission; upon expiry the proceedings are terminated. Upon receiving information, the Commission decides on initiation or refusal within 2 months.
Which sanctions are possible?
A warning, deprivation of the right to practice for a term of 6 months to 3 years, and termination of Bar membership; additionally, an address by private recommendation letter or termination of powers in the Association's bodies may follow.
How does the Commission count votes?
The Commission examines cases in a composition of 3 members and decides by majority; deprivation of the right to practice or termination of membership requires a composition of not less than 10 members and not less than 8 votes; a dissenting opinion is attached.