New bill of advocate`s inquiry is not capable to achieve the objects set in it!

Автор: Ragulin Andrey Viktorovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 1 (20), 2016 года.

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Purpose: The analysis of the Federal Law draft «About modification of separate acts of the Russian Federation regarding ensuring the right of the lawyer for collecting the data necessary for rendering the qualified legal aid» (No. 993553-6) for definition of its possibility of achievement of the tasks set for it. Methodology: The Formal-legal method and a method of theoretical modeling were used. Results: In work the negative assessment is given to the presented bill as is noted that the form of legal responsibility, and also the look and the amount of punishment offered in the Bill and urged to provide execution of advocate’s inquiries cannot be recognized sufficient for appropriate ensuring the corresponding right of the advocate. The bill can create additional organizational and legal obstacles in receiving replies to the requests by the advocate, thus, that possibility of their elimination will entirely depend on various public authorities and the organizations, being addressees of advocate’s inquiries. In the offered bill, instead of reduction of the current, already long 30-days term established for the response to advocate’s inquiry the norm on need of legal fixing of double increase in term of the response to advocate’s inquiry is put that, in practice will lead to increase in term of the response to advocate’s inquiry about sixty days. The bill offered to acceptance does not comprise the legal mechanism connected with modification of the industry legislation which would allow to receive to the advocate all information interesting him. Novelty/originality/value: Article possesses high scientific value and has the practical importance as is the first attempt to consider the questions concerning the considered bill of advocate’s inquiry.

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Короткий адрес: https://sciup.org/14042337

IDR: 14042337

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