Chambers of lawyers against lawyer's trade unions

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Purpose: To study the problems of the creation and functioning of lawyer's trade unions in Russia, as well as to compare the role of trade unions and chambers in the protection of professional, labor and social rights of lawyers. Methodology: Formal legal method, situation analysis, information synthesis. Results: According to the meaning of the Labor Code of Russia, a lawyer can only be an employer, which is directly provided for by this code. A lawyer does not have the characteristics of an employee, and the fact that he has labor rights does not automatically make him a subject of labor relations. Despite this, legal research is needed regarding the work of lawyer's, taking into account the specifics of their public status and actual self-employment. Industry agreement in the field of advocacy for 2021-2023, concluded on December 31, 2020 The agreement between the Professional Union of Lawyer's of Russia and the All-Russian Branch Association of Employers in the Field of Law and Self-regulating Organizations of arbitration managers contains norms that contradict the theory of advocacy, and therefore it is not applicable in practice. Novelty/originality/value: Due to the fact that a niche has been formed in the protection of labor, professional and social rights of lawyers, there is a social demand for the development of methods and mechanisms for protecting these rights, because otherwise the bar will not stand the test of time and will lose its independence from the state. In this regard, there was a tendency to create lawyer's unions, which were opposed first by the FPA, and then by the Ministry of Justice.

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Advocacy, advocacy activity, chamber of advocates, lawyer's rights, lawyer's social rights, lawyer's labor rights, lawyer's professional rights, lawyer's trade unions

Короткий адрес: https://sciup.org/140262179

IDR: 140262179   |   DOI: 10.52068/2304-9839_2021_53_4_45

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