International Journal of Law And Criminology
36
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue03 2025
PAGE NO.
36-38
10.37547/ijlc/Volume05Issue03-09
The importance of the principle of self-management in
advocacy. Comparative analysis
Jalilov Nodirbek Komil o‘g‘li
Tashkent State University of Law, independent researcher, Uzbekistan
Received:
24 January 2025;
Accepted:
27 February 2025;
Published:
25 March 2025
Abstract:
The principle of self-management is of crucial importance, especially in ensuring effective management
in personal development, education, and organizations. This principle is based on the ability of an individual or
group to independently manage themselves, make decisions, and analyze their own activities in order to achieve
their goals. Self-management also involves aspects such as motivation, time management, self-control, and
accepting responsibility. The article discusses how this principle is effectively applied in educational processes and
work activities, as well as how it enhances the ability of individuals to adapt to changing environments and manage
stress.
Keywords:
Self-management, decision-making, personal development, lawyer, principle, comparison, LSO
management model, position.
Introduction:
Over the centuries, the legal profession
has naturally accepted the privilege of self-
management. While the governing bodies of the
profession acknowledge that self-management should
be carried out with the interests of society in mind,
their ability to serve the interests of society often
contradicts the very demands of the profession itself.
For comparison, Boykov emphasizes that the principle
of self-management is the ability of the advocacy
bodies of the subjects of the Russian Federation,
including the Bar Chambers, the Federal Chamber of
Lawyers, chamber councils, inspection, qualification,
and other commissions, to independently operate in
the interests of lawyers and resolve legal violations.
We agree with this view and consider the principle of
self-management in the legal profession as one of its
fundamental principles, serving to ensure its
independence, freedom of operation, and separation
from state authorities. In essence, this principle
ensures that the legal profession is independent in
organizing its internal affairs and is protected from
external pressures by state bodies and other
influences.
In our opinion, academic literature notes that the
principle of self-management in the legal profession
holds a strong position within the legal institutions of
democracy. In this context, lawyers actively participate
in making collective decisions and remain independent
in defending their rights.
It is worth noting that England and Australia have
abandoned self-regulation in the legal profession,
whereas legal societies in Canada continue to operate
on this basis. The self-regulation model of the Law
Society of Ontario (LSO) is considered an inadequate
form of governance from the perspective of
responsibility. When compared to other organizations,
including legal societies and corporations in other
common law jurisdictions, the weaknesses in the LSO
management model become apparent.
In some countries of the Commonwealth of
Independent States (CIS), there are also corresponding
systems of self-management bodies for the legal
profession. For example, according to Article 40 of the
Law on the Bar of the Republic of Belarus, the self-
management bodies for lawyers in Belarus are the Bar
Congress and the Bar Association. , The governing
bodies of the Kyrgyzstan Bar Association are the Bar
Congress and the Bar Council is considered.
At the same time, there is a position in academic
literature stating that the principle of self-management
is not inherently independent. In other CIS countries,
the principle of corporatism does not exist. However, in
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
each country, as shown in the table below, there is
some form of organization that unites lawyers.
The principle of self-management in the legal
profession is an integral part of the legal system, and
for its proper implementation, it is necessary to study
national and international experiences, implement
effective
mechanisms,
and
develop
external
cooperation. This principle plays a crucial role in
maintaining the independence of legal practice and
providing fair legal assistance.
Indeed, from the above definitions of the principle of
self-management, it is clear that most scholars explain
its essence through the ability of the self-management
bodies of the legal profession to independently carry
out their functions without external interference.
However, in our opinion, this approach is not entirely
correct, as it is more of an interaction between the
principle of independence and the principle of self-
management.
1-Table: Forms of Lawyer Organization in CIS Countries
Uzbekistan
Regional bodies
(Bar Chambers)
Uzbekistan Bar Association
Russia
Advocacy chambers of the
subjects of the Russian
Federation
Federal Bar Association of
Russia
Azerbaijan
—
Azerbaijan Bar Association
Armenia
—
Armenian Bar Association
Belarus
Regional Bar Associations
Republic Bar Association
Georgia
—
Georgian Bar Association
Kazakhstan
Regional Bar Associations
Republic Bar Association
Kyrgyzstan
Regional Bar Associations
Kyrgyzstan Bar Association
Moldova
District Bar Associations
Moldova Bar Union
Tajikistan
Regional Bar Associations
Tajikistan Bar Association
Ukraine
Only regional governing bodies:
councils and conferences
National Bar Association of
Ukraine
It should be noted that S.N. Isanov emphasizes that the
principle of self-management is an integral part of the
principle of independence, rather than a separate
principle: In general, self-management refers to the
right of a self-management subject to independently
resolve issues within its jurisdiction without any
external interference. However, this is precisely a
specific manifestation of independence, but only in the
field of governance.
Without agreeing with S.N. Isanov's position, we try to
distinguish the principle of independence from the
principle of self-management. In our opinion, the
essence of the principle of self-management lies not in
the
ability
of
self-management
bodies
to
independently resolve issues within their jurisdiction,
but rather in the existence of a system of self-
management bodies within the legal profession.
On the other hand, the principle of independence
specifically concerns the prohibition of any external
influence from state bodies, individuals, or legal
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
entities on the activities of these self-management
bodies.
At the same time, if the system of self-management
bodies of the legal profession is completely absent and
all matters necessary for legal practice are resolved
directly by state authorities, the principle of self-
management cannot be implemented. In fact, this
situation occurred not with councils but with lawyers
who are subject to judicial authority.
Furthermore, Article 2 of the Law on the Activities of
Lawyers of the Kyrgyz Republic explicitly states that the
Bar is a self-managing professional community of
lawyers.
As François Étienne Mollo has clearly emphasized, “The
dignity of an individual is personal wealth, but the
dignity of a lawyer is the wealth of the entire
profession.
”
According to scholarly and practical
commentary, corporatism primarily means the moral
responsibility of each member of the legal community
to carry out their activities competently, honestly, and
lawfully in front of their colleagues.
An effective means of corporative control over the
activities of self-regulatory bodies of lawyers is the
ability of society to hold lawyers accountable through
disciplinary action in cases of violation of professional
ethical rules. “The adherence of a lawyer to ethical
standards is a necessary condition for the proper
performance of their professional duties and functions.
If lawyers meet the professional requirements, the
state has no grounds to supervise their activities”
, as
stated by A.K. Tugel.
According to B.S. Salamov, it is almost impossible for
other organizations involved in the legal profession to
fully understand the issue of applying appropriate
disciplinary penalties to lawyers who have violated
professional conduct and ethics rules.
It follows that disciplinary control of lawyers by the
legal community is an important component of the
principle of corporate self-regulation. The significance
of this aspect increases when examined in parallel with
judicial structures, as we mentioned earlier, during the
court system era, disciplinary actions against lawyers
under trial were carried out by two different bodies:
the courts and the councils of the presiding judges.
Furthermore, disciplinary responsibility for private
lawyers was solely within the jurisdiction of the courts.
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