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Advocacy and notary office. The origin of the legal profession in Russia (the most important)

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3. The origin of the legal profession in Russia

For the first time, judicial representation is mentioned in Russian legislative acts of the XNUMXth century. (Pskov and Novgorod judicial charters).

In the Code of Laws of 1497 and 1550, and then in the Council Code of 1649 (Chapter 10, Article 108), the institution of hired attorneys already appears as existing, but the composition of these persons was very diverse, because at that time there was still no legislative regulation of representation (cooking).

The official date of formation of the bar is November 20, 1864, when the "Institutions of Judicial Regulations" were published. The institution of sworn attorneys was created as a special corporation, which was attached to the judicial chambers.

As a result of the Judicial Reform of 1864, the judicial system of Russia became the most streamlined. However, after the February Revolution, the situation changed somewhat. By Decree No. 24 on the court of November 1917, 1, the socialist revolution abolished all judicial institutions of the Russian bourgeois state, and with them the jury and private advocacy.

Over time, the proletarian state needed a new form of defense organization. By Decree No. 2 of March 7, 1918, on the court, a collegium of persons was formed under the Soviets of Workers', Soldiers' and Peasants' Deputies who devoted themselves to advocacy "both in the form of public prosecution and in the form of public defense."

In view of this, the IX All-Russian Congress of Soviets, in a special resolution, proclaimed the next task "to establish in all spheres of life the strict principles of revolutionary legality."

From that moment on, legislative activity was aimed at creating a unified judicial system.

On October 29, 1924, the Central Executive Committee of the USSR adopted the Fundamentals of the Judicial System of the USSR and the Union Republics. Article 17 established the bar associations. The Regulations on the Judiciary of the RSFSR, adopted on November 19, 1926, indicated that they operate under the direct supervision and guidance of the regional, provincial and district courts.

In order to establish control over the legal profession, in November a department of legal protection was formed under the People's Commissariat of Justice of the USSR. On August 16, 1939, the Council of Ministers of the USSR approved the new Regulations on the Bar.

The first attempt to return the former independence of the Bar was made in the Regulations on the Bar in 1962. On November 30, 1979, the All-Union Law and the Law of the RSFSR "On the Bar" were adopted, and on November 20, 1980 - the Regulations on the Bar in the RSFSR.

In 1986-1988 a "corporate boom" took place in the country: cooperatives began to appear in all areas of activity. The result of this almost ten-year struggle was Law No. 63 FZ "On Advocacy and Advocacy in the Russian Federation", which was adopted on May 31, 2002.

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

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