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Advocate’s Practice №2 - 2014

А.Ф. КОНИ В ИСТОРИИ АДВОКАТУРЫ АКТУАЛЬНЫЕ ВОПРОСЫ АДВОКАТСКОЙ ПРАКТИКИ
  • Raudin Vasily Vasilyevich,

    Change of rules of legal profession in the sphere of relations with a client p. 11-18

    Raudin Vasily Vasilyevich, Post-graduate of the Chair of advocacy and Notarial Activity оf Oleg Kutafin University (MSAL), Attorney-at-law of the Moscow Bar Association “Law Firm “YUST””

    Change of rules of legal profession in the sphere of relations with a client

    The article contains the analysis of the changes made to the Bar in the sphere of relations with principals in connection with the amendments to the Advocate’s Code of Professional Ethics adopted by the VI All-Russian Congress of Advocates.

  • Ragulin Andrey Viktorovich,

    About need of improvement of a regulation institute of the professional rights of advocate-defender in Russia p. 18-23

    Ragulin Andrey Viktorovich, Head of the Center of research of problems of organization and activity of legal profession of the Eurasian Scientific Research Institute of Problems of Law, associate professor of Chair of criminal law and process of Eastern economical and juridical humanitarian academy, candidate of jurisprudence, associate professor

    About need of improvement of a regulation institute of the professional rights of advocate-defender in Russia

    The main conclusions of the author’s research devoted to problems of improvement of a legal regulation of institute of the professional rights of the advocate-defender are given in article.

  • Kantyukova Indira Tagirovna,

    The problem of determining the functional purpose of the activity of the assistant and trainee of advocate and ways of their solution p. 30-34

    Kantyukova Indira Tagirovna, Research employee of Center of research of problems of organization and activity of legal profession of the Eurasian Scientific Research Institute of Problems of Law

    The problem of determining the functional purpose of the activity of the assistant and trainee of advocate and ways of their solution

    The paper examines the functional differences of the trainee and assistant of advocate, definition of relevant terms, as well as some amendments to the current legislation regulating the legal status of these persons.

  • Kuznetsova Oksana Borisovna,

    The defense of the prisoner’s rights on the stage of judgment execution on issues of enforcement p. 35-38

    Kuznetsova Oksana Borisovna, graduate student of the Chair of Legal Profession and Notariat State Educational Establishment of Higher Professional Education “Moscow State Law University named after O.E. Kutafin”

    The defense of the prisoner’s rights on the stage of judgment execution on issues of enforcement

    In the following paper are considered implementation issues of prisoners’ rights to defense at the stage of punishment execution. In the paper are given main issues that are related to the implementation of matters about the parole of convicted and the replacement of a more lenient punishment.

АДВОКАТ В УГОЛОВНОМ И АДМИНИСТРАТИВНОМ ПРОЦЕССЕ
  • Sibirtsev Georgy Ilyich,

    On the question of the development of the bar and the criminal procedure p. 39-43

    Sibirtsev Georgy Ilyich, post-graduate of law faculty Voronezh State University

    On the question of the development of the bar and the criminal procedure

    The work examines the development of the criminal procedure and the bar from the point of view of the philosophy of Aristotle. The article gives an attempt to explain the constant conflict between the government and the bar.

ИСТОРИЧЕСКИЙ ОПЫТ
  • Smirnov Vladimir Nikolaevich, Payusova Ekaterina Yur’evna,

    Testing by tyranny: fates of Ural lawyers p. 44-51

    Smirnov Vladimir Nikolaevich, of Ural State Law Academy (Ekaterinburg), candidate of jurisprudence, Honored Lawyer of the RF, assistant professor

    Payusova Ekaterina Yur’evna, student of Ural State Law Academy

    Testing by tyranny: fates of Ural lawyers

    It is the analysis of illegal repressions in regard to Ural lawyers in 1930’s . The analysis is based on specific criminal cases and archive materials of «Sverdlovsk Regional Guild of Attorneys ».

ЗАРУБЕЖНЫЙ ОПЫТ
  • Trofimets Aleksandr Mikhajlovich, Trofimets Irina Aleksandrovna,

    State defense and responsibility of witnesses under the legislation of Spain (a short survey) p. 52-55

    Trofimets Aleksandr Mikhajlovich, candidate of jurisprudence

    Trofimets Irina Aleksandrovna, candidate of jurisprudence

    State defense and responsibility of witnesses under the legislation of Spain (a short survey)

    In this article authors presented the review of the Spanish legislation in the sphere of the state protection of witnesses, and also their responsibility in criminal legal proceedings.

  • Zaborovskij Viktor Viktorovich,

    Making powers lawyer — representative in civil proceedings in Ukraine p. 56-60

    Zaborovskij Viktor Viktorovich, candidate of jurisprudence, associate professor of Civil law of the State institution of higher education «Uzhgorod national university», advocate, Uzhgorod branch secretary of the Association of Ukrainian civilists

    Making powers lawyer — representative in civil proceedings in Ukraine

    In this paper the analysis of the problematic aspects of design authority lawyer in civil litigation is carried out. For real civil procedural status of representative of the person involved in the case, the lawyer must obtain a special personality. Time of receipt of the said special legal counsel (granting certain procedural rights and duties) depends on the date of registration of his powers. The sole basis for the implementation of advocacy is a contract for legal aid, while the documents certifying the powers of the lawyer, other than that the contract is and the power of attorney, and the warrant and commission agency (organization) authorized by law to provide free legal aid.

РЕЦЕНЗИЯ