"Fee of success": legal and ethical nature

Автор: Bagreeva Elena Gennadievna, Petukhov Sergey Vladimirovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Проблемы организации и функционирования адвокатуры

Статья в выпуске: 6 (43), 2019 года.

Бесплатный доступ

Purpose: The article is devoted to the discussion of the correlation of the ethical and legal nature of the «fee of success», as well as to the analysis of changes in the legislation of the Russian Federation with a view to further regulating advocacy. Methodology: Comparative legal and formal legal methods were used. Results: The article analyzes the concepts of the legal and ethical nature of the «fee of success», as well as judicial practice and trends in improving the legislation governing this type of remuneration for advocacy. To date, the legality and validity of the inclusion of such conditions in the contract are being discussed. The unresolved issue is the subsequent recovery of the cost of judicial representation. The authors conclude that legislative changes partially resolved the existing problems of rewarding a lawyer with a «fee of success». Novelty/originality/value: The article has a high scientific value, since it allows you to form an idea of the legal and ethical nature of the «fee of success», trends in legislation and law enforcement practice.

Еще

"fee of success", legal nature, contract for the provision of services, ethical nature, reward, agreement, lawyer activity

Короткий адрес: https://sciup.org/140249653

IDR: 140249653

Статья научная