About "revolving doors effect" as a less studied form of discrimination of advocates
Автор: Baldantseren Amgalan
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 3 (58), 2022 года.
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Absract: The purpose of this article is to study «revolving doors effect» as a form of disccrimination of russian lawyers, establishing the presence of a «revolving door effect» in the management of the Russian Bar Association,revealing the discrepancy between the powers of the highest bodies of lawyer self-government and the principles of equality, legality, corporatism, election. System-structural, comparative-legal methods and information synthesis. The meeting (conference) of lawyers of a subject (region) of the Russian Federation proclaimed in 63-FZ ( Federal Law «About the Lawyers activity (the legal profession) and the Advocacy of the Russian Federation”) as the highest bodies of lawyer self-government due to the presence of the «revolving door effect» is de facto not such. Articles 30 and 31 of the Federal Law «About the Lawyers activity and the Advocacy of the Russian Federation» in terms of the content of the powers of the bodies demonstrate a clear substitution of representative and executive functions, which suggests that the highest body of advocacy management is not a meeting (conference) of lawyers of a subject (region) of the Russian Federation, but the Council of the Bar Assotiation a subject (region) of the Russian Federation. The article attempts to identify a new form of discrimination in the legal profession as a «revolving door effect», which violates the principles of building the russian advocacy.
Revolving door effect, advocacy, discrimination, non-studied forms of discrimination
Короткий адрес: https://sciup.org/140296702
IDR: 140296702 | DOI: 10.52068/2304-9839_2022_58_3_19