Advocacy and notary office. The Bar and its purpose in society (the most important)

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Advocacy and notary office. The Bar and its purpose in society (the most important)

Lecture notes, cheat sheets

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1. Advocacy and its appointment in society

Traditionally, it was generally accepted that the role of the legal profession in Russia was limited to ensuring the suspect, accused or defendant the right to defense in court, providing advice and representation in civil proceedings. However, the activities of the Russian Bar over the past ten years since the self-transformation of this institution in accordance with the trends of new times (early 1990s) have changed significantly.

Article 2 of the Constitution of the Russian Federation proclaims human rights and freedoms as the highest value and establishes that the protection of these rights and freedoms is the duty of the state. Since a critical form of protecting human rights and freedoms is the protection of a citizen from unjustified imprisonment, and criminal prosecution in accordance with Art. 48 of the Constitution of the Russian Federation is carried out with the mandatory provision of qualified legal assistance (i.e., the assistance of a lawyer), the state is obliged to provide such legal assistance.

Lawyers are united in chambers of lawyers, and together individual lawyers and chambers of lawyers form the bar, which today is the only legally recognized institution of civil society. The Constitutional Court of the Russian Federation, in its ruling of December 21, 2000 No. 282-O, indicated that "the activities of lawyers, who are entrusted with the duty to ensure the protection of the rights and freedoms of man and citizen, have public legal significance."

Not the state, but the author of the Constitution of the Russian Federation - "the multinational people of the Russian Federation" (the preamble to the Constitution) - endowed the bar with an inalienable right to fulfill the obligation to protect the highest constitutional value - human rights and freedoms.

The fact that the Bar is named in Art. 3 of the Law on Advocacy as an institution of civil society, emphasizes, on the one hand, the equality of the bar and the state in the sense of Art. 19 of the Constitution of the Russian Federation, and on the other hand, the independence of the bar from the state and the obligation of the state to ensure the independence of the bar as a component of ensuring the protection of the rights of citizens, prescribed by Art. 2 of the Constitution of the Russian Federation.

Moreover, in order to implement the provisions of the Constitution of the Russian Federation, the bar is also an institution that has the duty to ensure the protection of the rights of civil society, to be its representative and defender in the face of the state in the public law sphere. Of course, other institutions of civil society can protect human rights and freedoms, but only the bar has such an obligation, supported by the requirement of Art. 48 of the Constitution of the Russian Federation on the provision of qualified professional legal assistance.

Authors: Nevskaya M.A., Shalagina M.A.

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