The concept of advocacy and its separation from legal activity

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The article is devoted to the analysis of such similar concepts as advocacy and legal activity from the point of view of the legal provisions outlined in the current legislation of the Russian Federation. It is highlighted that these concepts are based equally on the provision of legal assistance to citizens and legal entities, which is relevant in the context of the establishment of constitutional law on the provision of qualified legal assistance to everyone on the territory of the Russian Federation. At the same time, it was noted that advocacy can be interpreted in this status only if a number of signs are observed: the presence of the person providing assistance, the status of a lawyer, additional attributes of activity such as taking the oath and receiving the badge of Russian lawyers, practicing for at least two years, the possibility of participating in criminal proceedings. On the contrary, legal activity is not characterized by these number of features, which is fundamental in the issue of distinguishing these two types of activity.

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Advocacy, law enforcement agencies, human rights functions, lawyer, qualified assistance, state activity, scope of authority, title function, qualification exam

Короткий адрес: https://sciup.org/170201997

IDR: 170201997   |   DOI: 10.24412/2500-1000-2023-11-4-243-246

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