Advocacy and notary office. Organization of advocacy and legal profession in the Russian Federation (the most important)

Lecture notes, cheat sheets
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Advocacy and notary office. Organization of advocacy and legal profession in the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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5. Organization of advocacy and advocacy in the Russian Federation

Organization of advocacy - this is a legal and organizational form of association of lawyers in an appropriate structure for the effective implementation of their tasks. With the help of organizational forms of the advocacy, the following is carried out:

1) the practice of advocacy itself;

2) legal, social and other guarantees of this activity are provided, protection of lawyers from illegal actions and interference in the activities of the bar by the state.

The main link in the advocacy system is bar association(Article 29 of the Federal Law "On advocacy and advocacy") - a non-governmental non-profit organization based on the mandatory membership of lawyers from one constituent entity of the Russian Federation.

Law office(Article 21 of the Federal Law "On Advocacy and Advocacy"). In relations with third parties, the lawyer acts on his own behalf. The advantages of the activity of a lawyer in the form of a lawyer's office are that, in organizational terms, work in a lawyer's office is not associated with mutual obligations with other lawyers based on the foundation, does not entail reports to the collective management body, such work has the nature of individual activity with all its merits and demerits.

Collegium of Advocates - the organizational and legal form of the legal profession, in which advocacy is carried out on a collective basis (Article 22 of the Federal Law "On advocacy and advocacy"). It is established by decision of two or more lawyers. The number of founders of a bar association is not limited, but they can be lawyers whose information is entered in only one regional register.

Law Office - another collective organizational and legal form of advocacy (Article 23 of the Law on the Bar). According to paragraph 2 of Art. 23 of the Law on the Bar, relations arising in connection with the establishment and activities of a law firm shall be governed by the rules relating to the bar association, unless otherwise provided by law. Additionally, it is established (clause 3, article 23 of the Law on the Bar) that lawyers who have established a law office conclude a partnership agreement between themselves in a simple written form.

Legal consultation is established by the bar association of the constituent entity of the Russian Federation, on the territory of which it will carry out its activities, on the proposal of the state authority of this constituent entity of the Federation. The decision to establish a legal advice office is made by the Council of the Chamber of Lawyers as its collegial executive body.

Legal advice is created in order to ensure the availability of legal assistance throughout the territory of the subject of the Russian Federation, including legal assistance provided to citizens free of charge. In this regard, a legal advice office is established on a mandatory basis if, in the territory of one judicial district, the total number of lawyers in all bar associations located on the territory of this judicial district is less than two per federal judge.

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

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