Advocacy and notary office. Basic principles of the legal profession (the most important)

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Advocacy and notary office. Basic principles of the legal profession (the most important)

Lecture notes, cheat sheets

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2. Basic principles of the advocacy

The advocacy implements its tasks to civil society by fulfilling the principles of its activities, defined in Part 2 of Art. 3 of the Law on Advocacy. These include the principles:

1) rule of law;

2) independence;

3) self-government;

4) corporatism;

5) equality of lawyers;

6) the moral principles of the profession of a lawyer.

The principle of legality in relation to advocacy is expressed in Art. 4 of the Law on the Bar, which establishes that the legislation on the practice of law and the bar is based on the Constitution of the Russian Federation and consists of the Law on the Bar itself, other federal laws adopted in accordance with federal laws and other regulatory legal acts.

The principle of independence characterized by the fact that the bar is not included in the system of state authorities and local governments. This principle means the economic independence of a lawyer, as well as the difficulty of bringing him to justice.

The principle of self-government is that the bar (including bar associations) cannot be created, managed or liquidated by state or other bodies, organizations or persons who are not lawyers.

Corporate principle consists in the association and activities of lawyers through their organization (corporation of lawyers), which establishes its corporate rules of conduct and other norms, resolves issues of lawyers' responsibility, regulates other issues of advocacy in accordance with the rules of law and the wishes of lawyers.

The principle of equality lawyers lies in the absence of castes in the legal profession, the division of lawyers into superiors and subordinates, senior and junior in rank, employers and employees. According to this principle, all lawyers are equal:

1) when acquiring the status, the same requirements apply to all applicants;

2) all lawyers have equal rights and obligations;

3) the legislation guarantees the equality of the status of lawyers, regardless of the time of acquiring this status. The only exceptions are lawyers of foreign states, who can provide legal assistance in the Russian Federation only on matters of the law of a foreign state, and they are not allowed to provide legal assistance on issues related to state secrets.

The principle of moral principles in the profession of a lawyer suggests that a lawyer should be a model of moral purity, impeccable behavior and qualifications.

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

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