Independence as a principle of the Russian advocacy
Автор: Ragulin Andrey Viktorovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 4 (41), 2019 года.
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Purpose: To identify the content of the principle of independence in the Advocacy. Methodology: The work, based on the application of the formal-legal method, examination of documents, analysis of legislation, materials of scientific research and law enforcement practice, combined with the use of the method of included observation, deals with problematic issues of the content of the principle of independence in the bar. Results: The author concludes that the independence of the Advocacy is a legally protected legal state of lawyers, the corporate governance bodies of the Bar and the Bar entities, in which they have an exclusive right to decide on matters of self-government, self-regulation and economic autonomy. At the same time, the principle of the independence of the bar does not mean its absolute independence, as this principle is limited by the substantive content of the principle of legality. The principle of the independence of the bar is not regulated in the Law with regard to the separation of the powers of the bar between the State and the bar, which makes it possible to arbitrarily modify and/or apply the law, as well as to interpret the law arbitrarily with regard to the content of the principle...
Bar, lawyer, independence, principles of law, judicial system
Короткий адрес: https://sciup.org/140244648
IDR: 140244648