Law "On advocacy and advocacy in the Russian Federation"

Probably, every Russian citizen heard aboutsuch a socially important profession as a lawyer. Advocates are called legal defenders. These are specialists in the field of law, who provide reasonable legal assistance to the public. This article will consider the most important provisions of the law "On advocacy and advocacy", the norms of which regulate the activities of legal assistants.

Advocacy: General Characteristics

Advocacy refers to the community of lawyers. It is a full-fledged institution of civil society, independent of state power. Advocacy is based on the principles of independence, legality and corporatism. The main sources of activity are the Constitution and the law "On advocacy and advocacy in the Russian Federation" (adopted in 2002). The latest version of this normative act will be considered below.

The main element of the bar is the lawyer -a professional official who has the right to carry out advocacy. By law, it can not be entrepreneurial. In the system of powers of an attorney, according to the law "On advocacy and advocacy", is the provision of legal assistance to the public.

Lawyer duties

Article 7 of the Law "On Advocacy and Advocacy" describes the duties of the officials in question. Here are their functions here:

• Defending one's own rights and implementing interests of the principal by all legal means. The lawyer should perform his work on the basis of the principles of reasonableness, honesty and honesty.
• Continuous improvement of their skills and knowledge. Study of new laws and amendments to normative acts.
• Compliance with the professional code of ethics.
• Insurance of all professional risks.

A separate duty of the lawyer is enshrined in Article 8 of the law. Here the need to keep a lawyer's secret, which can contain information about the client's specialists, is indicated.

Thus, a lawyer can provide legal assistance to the public in any way. It is important only to observe the norms of the law and to be conscientious.

Lawyer's powers

The lawyer has a fairly wide range ofdifferent powers. Thus, the specialist in question has the ability to collect all the necessary information for the realization of his functions. I must say that the work of a lawyer is closely connected with bureaucratic processes. Obtaining an important certificate or document is often not so simple, and therefore the work can be delayed.

Article 6 of the Federal Law "On Advocacy and Advocacy" indicates the following powers of the person:

• attracting specialists from different social spheres to solve this or that issue;
• fixation of information contained in documents to the case;
• interrogation of witnesses and eyewitnesses;
• the implementation of other actions that do not contradict the legislation of the Russian Federation.

At the same time, the lawyer has no right to make public statements about the guilt of the principal, to refuse from the protection assumed or to take a position that is contrary to the will of the client.

About the advocacy status

In the Russian Federation,not every citizen gets it. An obligatory condition is the availability of legal education and state accreditation. The work experience by profession should be at least two years. Legal incompetents and minors, as well as citizens with a criminal record, can not obtain legal status.

According to article 9 of the Law onand the Bar ", the status of citizen of the lawyer assigned to the special qualification commission. Man pretending to receive it, must pass a qualifying exam and get special approval. Self examination consists of test and oral part.

Advocate status is assigned to a citizen for an indefinite period. A candidate for the position of a lawyer must bring a special oath. Only after that he will go to the lawyers' register.

Cabinet and Board

Advocacy has several statutory forms. Next, you should consider them separately.

An individually working lawyer with a workerexperience of at least five years, has the opportunity to form a lawyer's office. Such a form of organization will not be a legal entity. Any form of ownership can be chosen for the placement of a lawyer's office.

In Article 22 of the Law of the Russian Federation "On the Lawyer'sactivity and the legal profession "is told about another, no less common form of an advocacy organization.The bar association is created if there is an agreement between two or more lawyers.This instance will be a non-profit organization based on the principles of membership and the availability of the charter.This document must contain:

• the name of the college;
• the purpose of the activity and the subject;
• the location of the organization;
• the procedure for managing the collegium;
• requirements for reorganization processes;
• the procedure for amending the charter.

Collegial representatives are not liable for the obligations of the organization.

Bureau and legal advice

What is a law office? The answer to this question is provided in Article 23 of the Law "On Advocacy and Advocacy" (No. 63-FZ). According to the law, two or more lawyers can form a bureau. A special partnership agreement must be concluded in a written, simple form. On it, lawyers join forces to provide joint assistance to people in need. Upon leaving the partnership, the lawyer passes on to his colleagues all those cases (in the form of documentation) that he previously dealt with.

Article 24 of the law describes the legalconsultation - education, which occurs in our state quite often. It is an organization of a non-commercial type located on the territory of a separate judicial district. She is engaged in providing free legal assistance to the public.

Advocacy Council

All lawyers of a specific Russian regionare united in the bar of lawyers - an organization created to provide the population with qualified legal assistance. The Chamber is formed by the constituent assembly of advocates. In turn, the meeting of lawyers is the highest body, which is formed in the regional legal chamber. What is his competence? In accordance with Article 30 of the Law "On the Bar and the Bar in the Russian Federation," here it is worth highlighting:

• the definition of the place where the organ is located;
• election of representatives of the Audit Commission;
• formation of income estimates;
• approval of the law;
• formation of an advocate's regional council;
• creation of the funds of the Chamber of Advocates of a targeted nature;
• the adoption of other decisions in strict accordance with the law of the Federal Law "On Advocacy and Advocacy in the Russian Federation," which was adopted in 2002.

The latest amendments to the normative act were introduced in 2017. Then the amendments were introduced in Article 31, in which it was told about the Bar Council.

Lawyers' Meetings

When and in what circumstances are the meetings convenedlawyers? Article 41 of the normative act in question does not fix specific rules on the frequency of convocation of assemblies. The conferences themselves should be formed from the lawyers of a particular region. The council will work only if at the event there will be at least half of the number of persons declared.

Participants of the lawyers' meeting discuss issues on the modernization of all legal organizational forms, whose powers include the quality provision of legal assistance.