Legal Professional Privilege: Controversial Implementation Issues in the European Union and Ukraine

Abstract

The article is devoted to investigation of an advocate’s responsibilities for legal professional privilege in the European Union. The character, nature and essence of the attorney-client privilege are considered. Substantial attention is given to the legislative resolution of some possible advocate’s refusal cases from the privilege maintenance in the law of the European Union, including the sphere of prevention and counteraction to legalization (laundering) of crime proceeds, analysis of the national courts of the EU countries on this issue. Scientists’ opinions regarding the disclosure possibility of the attorney-client privilege in the case of obtaining information about preparing particularly serious or serious crimes against the person are analyzed. The author has made suggestions for improving the legislation of Ukraine, regulating the observance issues of the attorney-client privilege.