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Advocate’s Practice №1 - 2014

А.Ф. КОНИ В ИСТОРИИ АДВОКАТУРЫ
  • Mokhov Alexander Anatolyevich,

    On use of science achievements by A.F. Koni in professional activities p. 3-5

    Mokhov Alexander Anatolyevich, Doctor of jurisprudence, professor, Kutafin Moscow State Law University (MSAL)

    On use of science achievements by A.F. Koni in professional activities

    The article concerns the issues of use by a famous lawyer of the end of the 19th — beginning of the 20th centuries A.F. Koni of science achievements of that time, th is fact was reflected in his court speeches, written sources. The outwardly effective speeches were supported not only by the talent of the speaker, which was given to him at birth and developed by constant practice, but also by diligent work of a researcher.

  • Kravchenko Oleg Aleksandrovich,

    Legal views of A.F. Koni on jury trial and the possibility of their use in modern proceedings p. 6-17

    Kravchenko Oleg Aleksandrovich, a lawyer of the Stavropol branch of the International bar College «St. Petersburg», candidate of jurisprudence

    Legal views of A.F. Koni on jury trial and the possibility of their use in modern proceedings

    The article is devoted to research of legal views of A.F. Koni on a jury and opportunities of their use in today's proceedings. The category of justice at administration of justice and its role on the cases considered with the participation of jurors is investigated. The conclusion about necessity of implementation of justice by the court of the jury for the Affairs of the distortion of the will of the people is drawn.

  • Voronov Alexander Alekseevich,

    The role of A.F. Koni in formation of the principles of activity and philosophy of fair Russian justice and judicial legal profession p. 18-23

    Voronov Alexander Alekseevich, Lawyer, professor of law faculty Russian academy of legal profession and notariate, doctor of jurisprudence

    The role of A.F. Koni in formation of the principles of activity and philosophy of fair Russian justice and judicial legal profession

    In article the problem of formation of moral and fair justice in Russia and judicial legal profession is considered. The role of outstanding lawyer A.F.Koni in creation of the concept and the principles of realization of the true fair justice is shown.

  • Kozyavin Andrej Aleksandrovich,

    The Category of Evaluation of Evidence in Accordance with Inner Conviction and Its Place in the Scientific Legacy of A.F. Koni p. 24-29

    The Category of Evaluation of Evidence in Accordance with Inner Conviction and Its Place in the Scientific Legacy of A.F. Koni

    In the article author proves that the main merit of the scientific activity of the outstanding lawyer of XIX century A.F. Koni consists in generating the idea about main role of free evaluation of evidence in criminal proceedings in accordance with inner conviction. Taking grounds from the view of A.F. Koni, author analyzes the problem of criteria of verity, which is discovered in the criminal proceedings, and comes to the conclusion, that such is inner conviction.

АКТУАЛЬНЫЕ ВОПРОСЫ АДВОКАТСКОЙ ПРАКТИКИ
  • Adarchenko Sergey Andreevich,

    Necessary proofs on cases of ownership right recognition on objects of fast estate: types and features p. 30-34

    Adarchenko Sergey Andreevich, Chairman of the Kashirsky cityvessels of the Moscow region

    Necessary proofs on cases of ownership right recognition on objects of fast estate: types and features

    From a position of the practicing lawyer the legal nature of real estate and the large-scale reform of the civil legislation which is directly influencing the procedural sphere carried out now, including questions arising in arbitration practice in connection with application of short stories of the civil legislation is investigated.

  • E'ksarkhopulo Aleksej Alekseevich,

    Advocate's work with "refusal” materials of criminal cases p. 35-38

    E'ksarkhopulo Aleksej Alekseevich, professor of the Chair of Constitutional and Administrative Law of the Law Faculty of the Sankt-Petersburg Branch of the State Educational Establishment of Higher Professional Education "National Research University "Higher School of Economics", doctor of jurisprudence, professor

    Advocate's work with "refusal” materials of criminal cases

    The article concerns the issues of evaluation by an advocate of grounds for refusal in initiation of a criminal case on the basis of materials of pre-investigatory verification. It presents legal and actual grounds for deeming of such rulings of an investigator to be illegal, ungrounded and unmotivated.

  • Mikhajlova Anastasiya Sergeevna,

    About the extraterritorial activities of a modern lawyer p. 39-44

    Mikhajlova Anastasiya Sergeevna, assistant professor of the Chair of Entrepreneurial Law of the State Autonomous Educational Institution of Higher Professional Education "Moscow State Regional Socio-Humanitarian Institute", candidate of juridical sciences

    About the extraterritorial activities of a modern lawyer

    This article is devoted to present-day activities of advocates, both on the territory of national States and abroad; the prospects of reforming the system of legal services; consequences of Russia's entry into the world trade organization.

  • Ovchinnikov Yury Georgiyevich,

    To the question of ensuring the constitutional right of a suspect to have a defender at the moment of the arrest p. 45-51

    Ovchinnikov Yury Georgiyevich, Assistant-professor of the Chair of the Criminal Procedure of Vladivostok branch of the Far Eastern Institute of Law of Ministry of Internal Affairs of Russia, candidate of jurisprudence, assistant-professor

    To the question of ensuring the constitutional right of a suspect to have a defender at the moment of the arrest

    In this work the author analyses theoretic and practical moments of explaining the rights on defense during the arrest (physical capture) of a person being suspected of committing a crime.

  • Nikulina Irina Aleksandrovna,

    Speech interaction lawyer-mediator and the parties of conflict in the mediation procedure p. 52-55

    Nikulina Irina Aleksandrovna, Senior lecturer, department of lawyer and notary Moscow State University of Law by the name O.E. Kutafin (MSLA), candidate of philology

    Speech interaction lawyer-mediator and the parties of conflict in the mediation procedure

    This article is about specificity of lawyer's speech acting as a mediator in the mediation procedure.The technique of using communicative methods aimed at improving cooperation between the parties of conflict are given in the article.

АДВОКАТ В УГОЛОВНОМ И АДМИНИСТРАТИВНОМ ПРОЦЕССЕ РЕЦЕНЗИЯ