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Advocate’s Practice №2 - 2014А.Ф. КОНИ В ИСТОРИИ АДВОКАТУРЫ
Anatolij Fedorovich Koni on judicial eloquence and oratory
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.
Key words: Advocate’s Code of Professional Ethics; principal (client); attorney-client privilege; confidence in the advocate; appeal against sentence; report to the principal; advocate’s rest; advocate’s fees; security for the obligation; advance payment; earnest; penalty; cession of the claim; «success fee».
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.
Key words: advocate, advocate-defender, professional rights of the advocate-defender.
Procedural peculiarities of contesting the tender for the right of conclusion of the contract on bus transportation
In this article procedural aspects of contest of the auction on the right of the conclusion of contracts on transportations of the passengers, held by authorities of regional level are considered.
Key words: civil procedure, tender, public aspect.
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.
Key words: advocacy, advocate, trainee of advocate, assistant of advocate
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.
Key words: lawyer at the stage of judgment execution, the execution of punishment, the parole
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.
Key words: philosophy of the defense, entelechy, sociocultural paradigm, legal consciousness, qualified legal assistance.
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 ».
Key words: NKVD troika, arrest, repression, spy-subversion activity, Corrective Labor Camp, counter-revolutionary agitation, N. Ezhov, L. Beria, rehabilitation, Court-martial of Ural military area.
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.
Key words: protection of witnesses, responsibility of witnesses
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.
Key words: attorney, contract for the provision of legal aid, law attorney, a warrant legal aid.
The review of the monograph of the candidate of jurisprudence, associate professor M.S. Shaykhullin «Traditions and their role in formation of the principles of the organization of lawyer activity and legal profession». M. : EurAsNIIPP., 2012. 221 p. p. 61-63
The review of the monograph of the candidate of jurisprudence, associate professor M.S. Shaykhullin «Traditions and their role in formation of the principles of the organization of lawyer activity and legal profession». M. : EurAsNIIPP., 2012. 221 p.