Chekmarova L. Insurance of professional liability of attorney

The thesis is the first in the national science special system thesis, in which the thesis analyzes theoretical-legal and practical problems of introducing the professional liability insurance of attorney and ways of improving it, taking into account recent trends in the development of Ukrainian legislation. The place and role of the insurance of professional liability of attorney in the insurance mechanism were disclosed, the necessity of using the construction «professional liability of attorney» was justified and author’s definitions of «professional liability of attorney» and «professional liability insurance of attorney» are proposed. It has been determined that professional liability insurance of attorney as a form of professional liability insurance aims to protect the property interests of the attorney and the property interests of the client from non-performance or improper performance by the attorney of his professional duties, arising from a legal support contract. It has been proven that insurance of professional liability of attorney has a dualistic nature, since it can be considered both as a guarantee of advocacy and as a guarantee of protection of the client’s rights. The defining features of the professional liability insurance of attorney are formulated and the criteria for the classification of the professional liability insurance of attorney on a model are proposed. The concept of «property protection under a legal support contract» is proposed, the essence of which is that the property interests of the attorney are protected from legal claims against him for compensation of pecuniary damages to clients, which they have suffered as a result of the non-performance or improper performance of their professional duties by attorney through professional liability insurance of attorney. A comprehensive study was carried out on the substance of each of the structural elements of the contract for professional liability insurance of attorney, and a number of positions and recommendations were developed with a view to eliminating shortcomings in their practical implementation. A mechanism has been proposed for the out-of-court payment of insurance compensation to a client for injury caused by the non-performance or improper performance by attorney of his professional duties. It has been proposed to create a special committee at the regional bar council, to which lawyers will be elected to settle the issue of out-of-court payment of insurance claims. The main ways of improving legislation on the bar and on the practice of attorneys have been identified with a view to introducing the professional liability insurance of attorney. A draft Regulation on professional liability insurance of attorney has been drawn up, which must be approved by the UNBA (Ukrainian National Bar Association), and a draft Contract on professional liability insurance of attorney has been proposed. Amendments and additions to the Law of Ukraine «On the Bar and Legal Practice» are proposed. The practical significance of the results of the thesis and the directions in which they are used in research, law-making and educational and methodological fields are disclosed.