Guarantees of independence of advocate and way of their improvement

Автор: Ivanov Alexey Valeryevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 6 (13), 2014 года.

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Purpose: Consideration of the main guarantees of independence of advocate by the legislation of the Russian Federation and development of the measures directed on their improvement and realization in practical activities. Methodology: The author applied a formal-legal method, a comparative method and a method of theoretical modeling. Results: The author comes to a conclusion that despite fixing of guarantees of independence of advocate in the Russian legislation, the real mechanism of their realization and protection against inappropriate intervention from the state in activity of the lawyer actually is absent. In article it is shown that guarantees of independence of lawyers are fixed in the law, however they aren’t always observed in practice owing to what these guarantees have declarative character. This order doesn’t provide real independence of advocate that doesn’t allow to carry out lawyer activity fully effectively. The legislative and organizational and legal offers directed on elimination of the revealed problems are brought. Novelty/originality/value: Article possesses a certain scientific value and the high practical importance as contains the author’s generalizations possessing novelty, conclusions and offers which can be applied in advocate practice and legislative activity.


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IDR: 14027762

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