On the state program «Justice» and the concept of regulation of the market of professional legal assistance
Автор: Gavrilov Sergey Nikolaevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 6 (19), 2015 года.
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Purpose: Analysis of the provisions of the state program «Justice», approved by RF Government Decree dated 15 April 2014 № 312 and member of the Subprogramme 1 «The protection of public interests and the rights of citizens and organizations» for compliance with its legal requirements and requirements of project management and the formulation of proposals for the development of the concept of regulation of the market of professional legal assistance and the establishment of a national system of professional providing qualified and affordable legal aid. Methodology: The formal legal method, method of goal-setting, and other methods of project management were used. Results: The analysed state program the «Justice» approved by the Resolution of the Government of the Russian Federation of April 15, 2014 No. 312, and entering it the Subprogramme 1 «Ensuring protection of public interests, realization of the rights of citizens and the organizations» regarding definition of the purposes, statement of tasks, selection of target indicators and indicators of definition of the expected results not fully conforms to standard legal requirements (in particular, to the Study guide to the Order of the Ministry of Economic Development of the Russian Federation of 20.11.2013 No. 690 «About the statement of the Study guide on development and realization of state programs of the Russian Federation») and to requirements of modern management of projects, in particular, to requirements of a goal-setting (compliances are more whole than SMART criteria). For the specified reasons the objective assessment of extent of achievement put in a state program «Justice» (the Subprogramme 1) the purposes and the solution of the corresponding tasks is impossible. Taking into account the analysis of provisions of a state program «Justice» (Subprogrammes 1 «Ensuring protection of public interests, realization of the rights of citizens and the organizations»), the analysis of the general condition of the market of a professional legal aid, opinions and conclusions on this perspective of scientific and professional community is offered to create national system of professional rendering the qualified and available legal aid. Also in article the main requirements to this system are defined. Novelty/originality/value: Article has high novelty and originality, because it implemented one of the first attempts to analyze the provisions of the state program «Justice» (Subprogramme 1 «The protection of public interests and the rights of citizens and organizations») not only the formally-legal, but also the management approach. The article has a high scientific and practical value because it, along with the rationale for the poor quality of the Programme from the perspective of compliance with regulatory legal requirements and the requirements of modern management (project management) is a proposal for the implementation of a comprehensive, systematic approach to ensuring that constitutional provisions on the right of everyone to qualified legal assistance, market regulation, professional legal assistance. Implementation of this approach possible by forming the national system of professional providing qualified and affordable legal aid, the basic requirements for which are indicated in the article.
Короткий адрес: https://sciup.org/14027859
IDR: 14027859