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Advocate’s Practice №1 - 2014А.Ф. КОНИ В ИСТОРИИ АДВОКАТУРЫ
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.
Key words: АЛ Koni as a court orator, use of science achievements in preparation for a case, importance of knowledge by a lawyer of opportunities of contemporary sciences and engineering in the process of determination of circumstances of various cases.
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.
Key words: A.F. Koni, the assize court, justice.
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.
Key words: justice, court, lawyer, justice, philosophy.
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.
Key words: criminal proceedings, criminal procedural proof, free evaluation of evidence in accordance with inner conviction, verity's criteria, scientific legacy of A.F. Koni.
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.
Key words: right subject; the claim about property right recognition; the legal nature of the real estate, the special (real) means of protection which are subject to proof of circumstance, an individualization of object of real estate.
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.
Key words: initiation of a criminal case, refusal in initiation of a case, relevancy of procedural decisions, actual data.
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.
Key words: lawyer, service, responsibility, consumer insurance.
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.
Key words: explanation of the right to defense, the moment of actual arrest, suspect, «Miranda Rights».
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.
Key words: communicative activity, the mediation procedure, the technique of paraphrase, speech interaction.
Immunity of advocate
The paper deals with the problem of immunity of advocate or defender. The reasons of inadmissibility of the examination of advocate or defender as a witness on the information which is known due to applying for legal assistance or rendering legal services are studied.
Key words: immunity of witness, witness, advocate, defender, advocate confidentiality.
The review of Marat Selirovich Shaykhullin's monograph "Traditions and their role in formation of the principles of the organization of lawyer activity and legal profession” (M. : EurAsNIIPP, 2012. 221 pages) p. 61-63
The review of Marat Selirovich Shaykhullin's monograph "Traditions and their role in formation of the principles of the organization of lawyer activity and legal profession” (M. : EurAsNIIPP, 2012. 221 pages)