To a question of assessment of validity of arguments against introduction "advocate monopoly" in the Russian Federation

Автор: Gromov Ilya Alekseyevich, Dobrynin Pavel Maksimovich, Kosarev Ivan Aleksandrovich, Ragulin Andrey Viktorovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Проблемы организации и функционирования адвокатуры

Статья в выпуске: 4 (29), 2017 года.

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Purpose: On the basis of the current legislation of the Russian Federation and statistical data to analyze arguments against introduction of «advocate monopoly» in the Russian Federation. Methodology: Dialectic, logical, system, formal-legal and also statistical methods were used. Results: Authors have drawn a conclusion that the shortage existing now in the Russian Federation of the necessary number of advocates can be overcome as a result of active actions for increase in number of advocates up to necessary level. High level of the taxes raised from advocates, collecting and contributions to bodies of advocates self-government and advocate educations, in considerable degree can be compensated by the size of the fee of the advocate for rendering the qualified legal aid. Increase in level of expenses on rendering the qualified legal aid at introduction of «advocate monopoly» won’t be excessive and can be substantially compensated by quality assurances of rendering this help and also the existing and effectively operating mechanisms of protection of interests of the principal from the state and bodies of advocate self-government. The thesis about lack of influence of presence at the person of the status of the lawyer on quality of the legal aid rendered to them, is unreasonable, and some number of cases of rendering by the persons having the status of the advocate of the low-quality legal help can’t be recognized as a powerful argument against introduction of «advocate monopoly» in view of presence at advocate profession of the effective mechanism of self-cleaning as which initiator of action any interested persons can act. The rights of the businessmen having legal business and their employees and also the right of some consumers, are less valuable benefit in comparison with the interests of the state and society in creation acting by uniform rules and under necessary state and corporate control of legal profession of the sphere of rendering the qualified legal aid. Novelty/originality/value: Article has a certain scientific value and the practical importance as in a context in it, with application of a wide range of methods the significant problem is considered.

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Короткий адрес: https://sciup.org/140225090

IDR: 140225090

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