Civil cases about indemnification in a type of their complexity demand rendering the professional qualified legal aid

Автор: Vlasov Anatoly Aleksandrovich, Monastirsky Yuri Eduardovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 1 (32), 2018 года.

Бесплатный доступ

Purpose: Research of problematic issues of consideration and permission of civil cases about indemnification in the context of reforming of the market of the qualified legal aid. Methodology: Formal legal and comparative legal methods were used. Results: This publication comments account for the view that the judicial system in our country cannot effectively run without the lawyers’ monopoly representation in civil proceedings, alsothe fundamental adversarial principle implies the intelligibility of the legal positions of the parties, their correct procedural response during the hearing. In the opposite case, non-dual legal functions are to be assumed by the court.Common legal representatives’ assistanceinstead of a fundamental constitutional right of access to justice and beyond the disciplinary professional control generates various outrages during the process, and even encourages them in the shape of manipulation of the evidence, litigation, statements of claim not for the protection of subjective civil rights, but with the aim of blackmailing, etc. This is most evident in loss cases proceedings, where legal training,fairness, integrity and assertiveness in obtaining evidence, and the way in which material is presented in the proceedings perform a key role. Due to the listed estimates, the authors consider the draft concept of market regulation of the professional legal assistanceto be too compromise and ambiguous, as well as not conducive for the formation of a self-regulatory professional environment, which is the only mechanism for betterment and existence of high performance standards as a factor of legal consciousness in society. Novelty/originality/value: The novelty of article consists that in her the important directions of reforming of the market of the qualified legal aid are analyzed.

Еще

Короткий адрес: https://sciup.org/140225160

IDR: 140225160

Статья научная