The federal law draft «About modification of separate acts of the russian federation regarding ensuring the right of the advocate on collecting the data necessary for rendering a legal aid»: author’s comment and suggestions for improvement

Автор: Ragulin Andrey Viktorovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 5  (12), 2014 года.

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Purpose: The Federal Law draft analysis «About modification of separate acts of the Russian Federation regarding ensuring the right of the advocate on collecting the data necessary for rendering a legal aid» for determination of its compliance to the legislation on lawyer activity and legal profession and possibility of achievement of the tasks set for it. Methodology: The formal-legal method, comparative - legal method, statistical method and method of theoretical modeling were used. Results: In work the positive assessment is given to the presented bill, and the importance of realization is proved by the advocate’s of the right for inquiry. Besides, scientific and reasonable offers on need of adjustment used in a number of offers of the bill of formulations are stated the right of the advocate for inquiry was expanded. It is also offered to exclude from the bill norm about administrative responsibility of the advocate for violation of an order of the address with information received by advocate’s inquiry as the advocate can be made responsible for similar act in a disciplinary order. In article it is also offered to realize a judicial order of permission of obtaining data at the request of the advocate when information which it requests belongs to secret especially protected by the law. Novelty/originality/value: Article possesses high scientific value and has the practical importance as is the first attempt to consider the questions concerning the Federal Law draft about advocate’s inquiry.

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Короткий адрес: https://sciup.org/14027743

IDR: 14027743

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