No 12 (2017)
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25-ЛЕТИЕ КАФЕДРЫ АДВОКАТУРЫ И НОТАРИАТА
EXPERT OPINION
24-58 299
Abstract
The article deals with topical issues of the activity of the modern Russian advocacy as an independent self-managed professional corporation. Main statistical data on the structure of the Bar and the scope of qualified legal assistance provided by the advocates are contained in this article. The author examines the main areas of activity the Russian Federal Chamber of Lawyers as a self-governing body which are uniting the regional chambers of lawyers of the Russian Federation and coordinating their work. The author highlights some results of the activity of the RFCL in 2015-2017, and sets its tasks for the future.
ПАМЯТНИКИ ПРАВА
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
VECTOR OF LEGAL SCIENCE
77-85 219
Abstract
The article is devoted to the analysis the nature of the modern institution of the Bar, examines the differentiation of state and non-state activities, examines the impact on the legal profession of the state and civil society in their interconnection.
86-93 246
Abstract
The Russian bar in XXI century in its Trinity, is a constitutional institution of civil society, able to ensure the constitutional rights and freedoms only on each person, but civil society itself.
94-99 167
Abstract
In article some problems of interaction of legal profession and subjects of public control are considered. The author offer to carry out active involvement of representatives of legal profession to activity as a part of various subjects of public control and also to activities for assistance to subjects of public control on the terms of the conclusion of agreements with them on rendering legal aid on concrete affairs. It is also offered to provide expeditious information exchange between subjects of public control and bodies of lawyer self-government, lawyer educations and specific lawyers and to carry out carrying out scientific research for detailed studying and elaboration of complex suggestions for improvement of organizational and legal bases of interaction of subjects of public control and legal profession.
100-107 190
Abstract
The paper presents comparative analysis of the published statistical data regarding the number and topics of research carried out over the period of Russian Empire - USSR and Russian Federation which dealt with public defenders associations and their work. The paper describes the research methodology which principle is to separate associations from practice of law as these represent two fields of scientific knowledge. The author discusses further course of research regarding public defenders associations.
108-116 208
Abstract
In this article, the problem of legal regulation of the organization of the bar of advocates in the Late Roman Empire in different categories and grades is examined on the basis of norms of the Code of Justinian. The article relevant in the context of mapping the reporting period of the world history of advocacy discussed in the light of modern novels of legislative regulation of the institution of the legal profession and in the whole sphere of rendering qualified legal assistance.
117-125 253
Abstract
Results of identification and the terminological analysis of standards of the Russian legislation of the period of the second half of XVII - the beginning of the XIX century, containing signs of abuse of procedural laws are given in article and also the comparative analysis of the relevant procedural procedure in the current legislation is carried out. The author states a position about possible consequence in law of application of institute of abuse of the right in the criminal procedure sphere taking into account use by the Constitutional Court of the Russian Federation in the decisions of a formulation: «abuse of the right for legal aid and protection against suspicion and charge».
126-131 284
Abstract
This article shows the importance of professional principles in the lawyer’s conduct in the exercise of advocacy activities, reflects the specifics of such categories as honesty, conscientiousness and competence of the lawyer. The problem of the professionalism of the lawyer is considered separately as one of the key qualities in the activity, where the protection of human rights and interests occupies a central place.
132-145 222
Abstract
The article is devoted to the analysis of public protest actions of lawyers, the issues of their compliance with the Rules of professional conduct (ethics), interests of clients and justice; summarized the assessments given to strikes and boycotts of lawyers, foreign researchers, legal commissions and courts, classified the goals and interests of such actions, their specific forms
ОБРАЗОВАТЕЛЬНАЯ СРЕДА
150-158 238
Abstract
This article includes the analysis of the positions of some Russian scholars who has voiced in support of forensic science as an important and basic element of high legal education. There are well-founded reasons given for the vital necessity of the knowledge of forensic science’s fundamentals by any kind of law professionals including, in particular, advocates.
159-165 208
Abstract
The article deals with the importance of teaching professional ethics in the activity of a future lawyer. Attention is drawn to the special importance of the actualization of this knowledge for future lawyers. The author examines the specifics of the methodics of teaching the disciplines of professional ethics of the lawyer.
166-172 188
Abstract
The article depicts the challenge of search of the optimum and most effective methods of teaching future attorneys not only theoretical knowledge but also professional skills and abilities. The author analyzes how students of the Institute of Legal profession of Kutafin State Law University study to get professional skills and abilities of attorneys. The author offers to create a conference hall in our university to hold and hear both real and educational cases to improve the education process.
173-178 185
Abstract
The article examines the interaction between legal education and the legal profession in the context of the preparation of candidates for this Corporation. Given foreign digression University-law interaction, as well as the presence of advocacy in the format of disciplines in the curricula of higher legal education in Russia. Given the proposal for closer interaction master's program with training in the field of advocacy.
179-186 202
Abstract
The article reflects the experience of the organization of teacher learning and practice activities of students in which rhetorical tool knowledge helps translate theoretical knowledge into practical ability to control himself, his speech - to be able to build the statement (dialogue and monologue) in accordance with the communication situation. The article touches upon the aspects correlated with the overall rhetoric (ethos, logos, pathos, the law of harmonizing the dialogue, the rhetorical canon) and private rhetoric (speech in pleadings). Basic concepts and categories of rhetoric are considered in the process of their implementation in specific situations of communication that allows you to show them specific, to determine which rules, norms, principles apply to the respective communication conditions.
187-190 231
Abstract
The purpose of this article is the question of the necessity and relevance of the formation of the identity of an advocate, who is able to effectively carry out his role in protecting the constitutional rights of citizens, by participating in the trial. On the basis of the study of the scientific literature identified the fundamental features, that characterize the presence of professional skill of an advocate - professional judicial orator, analyzed the stages of their formation.
191-196 204
Abstract
The psychological analysis of the text of the speech by F N. Plevako is carried out in the article. The speech was aimed at defending of workers of the Konshin's manufactory. The psychological analysis of the text of the speech by F. N. Plevako revealed such features of the identity of the author as sense of purpose, responsibility, active living position, emotionality and erudition.
197-202 199
Abstract
In the article the topical problems of application of land legislation in practice of law are examined. Importance of knowledge of an attorney in sphere of legal regulation of land relationships and importance of necessity regular actualization of knowledge within the framework additional education are shown.
ИЗ ПЕРИОДИКИ ПРОШЛОГО
АДВОКАТСКАЯ ПРАКТИКА
221-229 329
Abstract
In this article, the author looks at current issues related to the registration of hereditary rights. Attention is drawn to an analysis of the errors of notaries arising, both when certifying a will and when issuing a certificate of the right to inheritance. The argument is argued that with the active interaction of the lawyer and the notary, the quality of registration of the hereditary rights of citizens increases. Based on the conducted research, taking into account the Resolution of the Plenum of the Supreme Court of the Russian Federation of 29.05.2012, No. 9 «On Judicial Practice in Inquestions», the author of the article suggests independent conclusions and judgments on the issue under consideration.
230-238 219
Abstract
This article is devoted to the sound information procedure research and using phonodocuments as a source of the proof - applying to the attorney’s activity. There was reflected the specificity of the phonodocuments inclusion in the judicial process based on its refreshed classification. Phonod-ocumentation is represented as an element of the forensic science system. The law aspects of the creation and getting phonograms by attorneys, and procedure of the «uncertificated sound recordings» legalization were disclosed. The technical, communicational and other specialties of the phonodocuments using organization by attorneys (dossier, archives) were partially considered.
239-246 493
Abstract
The value of lawyer activity for the decision by court of the problems of preparation of civil cases for judicial proceedings provided by the law is shown in this article, the specifics of rendering by the lawyer of assistance to the judge in the solution of each of these tasks taking into account the existing civil procedural legislation are reflected. The problem of commission of actions by the parties and their representatives, including lawyers is separately considered, by case preparation.
247-253 256
Abstract
The author discusses the debatable issues of the institution of representation in administrative proceedings, the specifics of the participation the lawyer as a representative. The article analyzes the provisions on the confirmation of the scope of powers of lawyers-representatives and problems of professional and qualified judicial representation areraised.
254-261 246
Abstract
In this article, the importance of the stage of initiation of a criminal case is determined; determine the causes of violations that are allowed at the present stage of criminal proceedings. Three main violations are identified and analyzed with which lawyers representing the interests of the applicants during the pre-investigation verification of the application for a crime face more often than others and which are the most significant and affect the constitutional rights and freedoms of the participants in the criminal process.
262-267 226
Abstract
Limitation of verification subject within cassation and supervisory review proceedings by the legitimacy of judicial acts entered into legal force determines the ban on appeal by counsel of the validity and fairness of the sentence and other court decisions. It is shown that this ban is not of an absolute nature: the validity of the judicial act in criminal cases can be checked in connection with the assessment of the admissibility of the underlying evidence, and the justice of the sentence is subject to verification if the decision of the court was the result of incorrect application of the rules of the General part of the Russian Criminal code. The authors conclude that depending on the circumstances of a particular case, counsel can raise the question about the validity of verdict through the prism of interrelated conclusions about the guilt of the convicted person, legal assessment of deeds and justice of punishment.
268-275 201
Abstract
The article deals with the case when in the Russian Federation, the norms of foreign law are attempted to apply legal relations not complicated by a foreign element. The negative consequences of this choice are analyzed in the case of judicial protection of rights.
МАСТЕРСКАЯ МЭТРА
TRIBUNE FOR YOUNG SCIENTIST
282-289 227
Abstract
In the Article the Substance and the Content of Advocacy are considered. The author comes to a conclusion that there is no clear perception of the relation between those in the functional literature and the current law. A new take on the Attributes of the Advocacy is given in the Article, on the basis of which a solution for a complex ethical issue of accepting Instructions is proposed.
290-293 215
Abstract
The article dwells on the activity and powers of American and British lawyers in commercial organizations for adopting children as well as the powers of Russian lawyers in adoption of children in the Russian Federation. Also there are comparative characteristics of these aspects and there is subject in question, if commercial or public authorities are more responsive to the rights and interests of children.
КОПИРАЙТ ОРАТОРА
ЮРИДИЧЕСКИЕ СОБЫТИЯ В ДАТАХ
НА ДОСУГЕ
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)
