The Issue of Observance of Legal Secrecy in the Decisions of the European Court of Human Rights

The article considers the issue of observance of legal secrecy in the decisions of the European Court of Human Rights. Analyzing the decisions of the European Court of Human Rights on the protection of legal secrecy, they are divided into three categories, depending on the issues addressed by the Court in its decisions: the confidentiality of communication between the lawyer and the client; search in the lawyer's office; control of lawyer's correspondence. The position of the European Court of Human Rights on the issue of observance of legal secrecy has been determined.

Particular importance in every country is the right of a person to receive professional legal assistance, which is guaranteed by the Constitution of Ukraine, in particular article 59 and article 131-2 of the Constitution of Ukraine. Provision of professional legal assistance is possible only in the case of legislative guarantees of confidentiality of information provided to the lawyer by the client, in the protection of legal secrecy, which is a necessary condition for the functioning of the bar, the basis of trust between lawyer and client, observance of lawyer's secrecy is one of the most important and fundamental in a lawyer's activity.

The problem of protecting and ensuring the observance of legal secrecy is one of the most important and fundamental in the activities of a lawyer. It is difficult to overestimate the significance of the considered decisions of the ECtHR for law enforcement practice. In these decisions we can see the principled position of the ECtHR on the issue of legal secrecy. The right of a lawyer to confidentiality of communication with his client is considered by the ECtHR as one of the main requirements of a fair trial in a democratic society, arising from the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. It should be noted that the issues of observance of legal secrecy in the decisions of the European Court of Human Rights have an implementation impact on the national legislation of Ukraine and law enforcement practice.