The activities of the bar in the Russian Federation are aimed at qualified assistance to citizens. The Russian Constitution contains article 48, according to which any citizen is guaranteed protection in criminal matters.
Areas of work
The activities of the bar are associated with a wide range of qualified assistance:
- search for the necessary regulatory act, an explanation of its essence;
- assistance in drawing up a petition or application (lawsuit, complaint);
- selection of essential arguments to protect the interests of the client;
- selection of an authority capable of resolving a conflict situation to the maximum extent;
- representation in court;
- organization of defense in criminal proceedings;
- upholding the interests of the client in administrative matters.
Tasks
The Bar in the Russian Federation is a special association of professional lawyers. The main function of this organization is to provide quality legal assistance to all people who need it.
Currently, the legal profession has been assigned the task of preserving the legal rights and interests of legal entities and individuals, monitoring compliance with Russian laws, and educating citizens to respect the dignity, honor, and freedoms of others.
Main directions
The Russian bar is dealing with a number of tasks:
- consultations and clarifications on various legal issues, oral and written references on issues of Russian law;
- representation in courts and other state bodies on administrative and civil cases;
- drawing up complaints, statements, claims;
- participation in the inquiry process, in the preliminary investigation, in court in the form of a defense counsel for the suspect, accused, defendant, representative of the victim;
- first aid to labor collectives that are fighting various offenses;
- clarification of the basics of Russian legislation.
Areas of activity
The Law on Advocacy and Advocacy defines as one of the most important areas of activity of advocates, explanatory work on civil, labor, family, criminal, administrative legislation.
As another area of advocacy, legal services are provided to organizations and institutions that do not have their own legal consultants.
The Law on the Bar allows a lawyer working in a commercial organization, state institution, and farming to check the legality of issued orders, participate in the execution of contracts and preliminary agreements, carry out claims work, represent the interests of the organization in court, and advise staff and legal servants.
The criminal procedural legislation of the Russian Federation provides for a wide range of rights that are granted at trial by a defense attorney, as well as during the preliminary investigation and inquiries.
The Law on the Bar is periodically amended and amended to significantly expand the rights of a lawyer. For example, the defenders have the opportunity to communicate with the suspect from the moment of arrest.
Appointment of a Public Defender
The lawyer can study the detention protocol or the decision on choosing a preventive measure, have an unlimited number of times to see the client, take part in interrogations.
The Federal Law on the Advocacy of the Russian Federation contains provisions on the right of an attorney to file complaints about unlawful actions when arresting a client or extending the period of arrest.
Speaking about what advocacy is, we note the right of every person who is prosecuted for a free public defender. If the suspect or his relatives cannot invite a lawyer, in this case, according to the law on advocacy and advocacy in the Russian Federation, he is appointed by decision of a judge or prosecutor.
A lawyer who participates in the consideration of a criminal case must use any legal means and means of protection in his work to clarify the essence of the circumstances. His work is paid from the state budget.
A lawyer has the right to participate in civil proceedings as a defendant, plaintiff, third party.
History of the Russian Bar
Speaking of what advocacy is, let us dwell on some historical facts. At the end of the nineteenth century, judicial reform was carried out on a legislative basis, as a result of which a new legal institution appeared in Russia.
For a long time, solicitors or solicitors acted as advocates. Their activities did not have a legislative framework, therefore no one made special demands on these individuals.
In 1864, lawyers were divided into two categories: private and sworn attorneys. The jury was united in a corporation - the estate of jury attorneys. Such corporations had internal self-government, supervised the functioning of the judiciary. What is a bar? At that time, her task included free consultations for the poor, representation in civil disputes.
Certain requirements were also developed for persons applying for a position of a sworn attorney. The candidate needed to have a five-year work experience as an official, to reach 25 years of age, to have an impeccable business reputation.
Conducting a conversation about what advocacy is, it should be noted that in the XIX century, far from all the provinces of the country there were advice from jurors. The Council consisted of the chairman, his comrades, ordinary members elected by direct vote. Re-elections were held annually at a meeting of jurors by open vote.
At the end of the 19th century, a law was passed establishing the institution of private attorneys. In the presence of a special certificate issued by the district courts, the private attorney had the right to participate in civil matters, drawing up petitions for cases.
Serious changes were made to the bar after 1917, it was at this time that unified colleges for public defenders and prosecutors appeared, which were abolished in 1920.
Only in 1977, Soviet advocacy was enshrined in the Constitution of the USSR, received an official legal status.
Features of the Bar
According to the special Regulation on the Bar and Advocacy in the Russian Federation, there are special voluntary associations of persons who are engaged in advocacy. All members of the bar association must have a higher legal education. In the Russian Federation, such associations are built on the territorial principle:
- Republican colleges are formed in the republics;
- regional associations of defenders are created in regions and territories;
- In Moscow and in St. Petersburg city colleges function.
Self-government, characteristic of the bar associations, consists in the right of each member to make independent decisions on everyday issues related to the organization. In the exercise of their immediate functional duties, defenders interact with bodies of inquiry, prosecutors, and courts. Representatives of these bodies do not have the right to interfere in the internal affairs of the college, which testifies to the independence of the Russian legal profession.
How to get to college
The rules for admission to the bar are governed by Russian law. Citizens of the Russian Federation who have a higher legal education and experience of working as a lawyer for at least two years can get here. For candidates, a trial period of 3 months is established.
The collegium may also include persons who have graduated from higher legal institutions who have not had 2 years of work experience after an internship in the college from 6 to 12 months.
Interns and members of the bar cannot work in public and state organizations.
The rights of lawyers
Human rights defenders are endowed with sufficiently broad powers to effectively protect clients in civil and criminal cases, to provide qualified assistance to citizens, organizations, enterprises, as well as to participate in the management of advocacy.
The main rights of lawyers:
- to elect and be elected to collegium bodies;
- to bring before the board questions relating to the activities of the organization;
- propose options to improve the effectiveness of the organization;
- personally participate in the discussion of various issues;
- to leave the bar association.
The lawyer is entitled to represent the interests of clients in public and state organizations, to request certificates of a legal nature. Persons who are members of a lawyer colleague have the right to representation in civil and criminal matters.
Duties
A person belonging to the legal profession is obliged to strictly and clearly observe all the requirements of Russian law, to use the permitted methods and means of protecting the interests of organizations and citizens who have turned to him for legal assistance. A lawyer must be an example of impeccable behavior and high moral standards, an active advocate for compliance with Russian law.
Carrying out defense in criminal cases, he is obliged to use all means and remedies specified in the law to clarify circumstances that could justify the accused person or mitigate his punishment. The lawyer does not have the right to refuse the accepted defense of the accused, suspect, defendant.
Finally
The bar associations operating on the territory of the Russian Federation are aimed at providing high-quality and timely assistance to citizens, explaining to them their rights and obligations, assistance in civil and criminal trials.
Russian law provides for the appointment of a free public defender to a person charged with a criminal offense. To stimulate high-quality professional activity of representatives of the bar association, there are various measures to support and encourage lawyers. He has the right to state paid leave, pensions, social insurance, bonuses.
In case of poor performance of official duties, violation of the norms of the Russian legislation, penalties are imposed on the lawyer. The type of punishment is determined at a meeting of the college of lawyers.