Advocacy as a self-regulatory institution of civil society: the theoretical and legal aspect
Автор: Zozulya Alexander Alexandrovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 5 (54), 2021 года.
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Purpose of the study is to identify of the specifics of self-regulation of the Russian аdvocacy as an institution of civil society. Systemic, historical-legal, axiological and formal-legal methods are applied. The debatable nature of the category «self-regulation», the key characteristics of the self-regulation mechanism are determined, the atypical nature of the legal nature of the self-regulation of the lawyer community as an institution of civil society is substantiated. The assessment of the Russian аdvocacy as a hierarchically structured organization with differentiation of subjects and objects of regulation is given. It is concluded that it is necessary to develop the concept of «composite» advocacy, including public and private subinstitutions. The novelty, originality and value of the article is due to the author's application of the approach to the study of the institute of advocacy through the prism of the mechanism of self-regulation in the perspective of the communicative theory of law, the relevance of the problems considered and the practical significance of the reasoned conclusions.
Self-regulation, civil society, mechanism of legal regulation, social regulators
Короткий адрес: https://sciup.org/140262186
IDR: 140262186 | DOI: 10.52068/2304-9839_2021_54_5_62