Discrimination against advocates (on the example of decisions of advocate's autonomus governing bodies taken against the will of lawyers)

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Purpose: The purpose of the study is to identify defects and gaps in the Federal Law "About advocacy and the legal profession of the Russian Federation", which allowed the bodies of advocates (lawyers) autonomus governing to mix executive and representative powers. Methodology: general scientific methods of cognition of legal phenomena were used, such as systemic, formal-legal, comparative, the method of participatory observation. Results: The profile law of Attorneys-at-Law (lawyers) 63-FL (Federal Law "About advocacy and the legal profession of the Russian Federation") in its current edition does not allow for a clear distinction between the representative and executive powers of the lawyer's autonomus governing bodies, does not prevent the usurpation of the powers of representative bodies by executive bodies, discrimination of lawyers by the latter. Novelty/originality/value: This article is one of the first attempts to solve practical problems of overcoming discrimination against lawyers on the part of lawyer's autonomus governing bodies through identifying defects in legal regulation in this area.

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Lawyer (advocate), lawyers autonomus governing bodies, corporate governning bodies, representative governing bodies, executive governing bodies

Короткий адрес: https://sciup.org/140260132

IDR: 140260132   |   DOI: 10.52068/2304-9839_2021_52_3_33

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