Litigation and social models of the modern Russian advocacy profession: answers and questions to the vice president of the Federal chamber of advocates of the Russian Federation
Автор: Ragulin Andrey Viktorovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Проблемы организации и функционирования адвокатуры
Статья в выпуске: 5 (48), 2020 года.
Бесплатный доступ
Purpose: To study the problems of the organization and activities of the advocacy profession in the context of the analysis of the publication of the vice-president of the Federal Chamber of Advocates of the Russian Federation and the essence of litigation between advocates and corporate governance bodies of the advocacy. Methodology: The methods of structural and functional analysis, the systemic method, the formal legal method, the method of studying documents, the method of participatory observation were used. Results: The article discusses in detail the problematic issues related to the «Appeal of 32 advocates» dated March 2, 2019, the acts of the Federal Chamber of Advocates of the Russian Federation adopted in connection with it (Clarification 03/19 of the Commission on Ethics and Standards of the Federal Chamber of Advocates of the Russian Federation and Resolution of the IX All-Russian Congress of Advocates) and their judicial challenge. Attention is drawn to the fact that when considering the case in the first instance, the court came to erroneous conclusions, and the court’s conclusions do not correspond to the factual circumstances of the case and the evidence supporting them. The lack of motivation of the court decision and the illegality of the composition of the court are substantiated. Also, using specific examples, it has been proved that logical substitutions and misleading are typical techniques of representatives of the Federal Chamber of Advocates of the Russian Federation. Attention is drawn to the misunderstanding by the vice-president of the Federal Chamber of Advocates of the Russian Federation of the true functions of the advocacy profession and to what negative social models of the modern advocacy are supported by the Federal Chamber of Advocates of the Russian Federation. Novelty/originality/value: The article is of scientific value, since it is a study of modern problems of the organization of the legal profession.
Advocacy, advocate, development of advocacy, problems of advocacy, appeal of 32 advocates
Короткий адрес: https://sciup.org/140250436
IDR: 140250436