ENSURING QUALIFIED LEGAL ASSISTANCE FOR CITIZENS
Обеспечение граждан квалифицированной юридической помощью
2017-01-01
SCID: 54.1/td9dj9ze
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Abstract (AI)
The article reveals the essence of the constitutional guarantee of the right to obtain qualified legal assistance by everyone and its implementation in the branch of procedural law. It is shown that in the constitutional and criminal legal proceedings, clear qualification requirements are imposed on those persons who can act as representatives (defenders). In the administrative and arbitration process, a "filter" is also installed to allow representatives. And only the Civil Procedure Code of the Russian Federation does not impose any professional admission criteria on the representatives. At the same time, the Constitution of the Russian Federation does not make it dependent on the existence of the right to receive qualified legal assistance from any circumstances and conditions, including the type of proceedings. The entry into force of the Federal Law of November 21, 2011 No. 324-FZ "On Free Legal Aid in the Russian Federation", which stipulates the existence of state and non-state legal aid systems, the qualification requirement for the subjects of its provision - the availability of higher legal education, expanded lists of people in need of it and the category of cases. It is stated that this normative legal act has somewhat removed the social tension from the problem of ensuring the receipt by qualified categories of citizens of qualified legal aid free of charge, but did not solve it. The main cornerstone of the realization of the constitutionally guaranteed right to receive qualified legal assistance is the legal qualification requirements for representatives in civil cases. In the absence of these requirements, any attempt to solve the problem will not achieve the final result - the realization of the constitutionally guaranteed right of everyone. The introduction of corresponding changes in the Code of Civil Procedure of the Russian Federation is proposed
Key Findings
1
Administrative and arbitration proceedings use admission filters for representatives, whereas Russian civil procedure lacks professional qualification criteria.
2
Constitutional and criminal proceedings impose clear qualification requirements on representatives or defenders providing legal assistance.
3
Federal Law No. 324-FZ established state and non-state legal aid systems, higher legal education requirements, and expanded eligible categories and case types.
4
The central unresolved issue is the absence of qualification requirements for civil-case representatives; corresponding amendments to the Russian Civil Procedure Code are proposed.
5
The free legal aid law reduced social tension but did not fully ensure everyone’s constitutionally guaranteed access to qualified legal assistance.
Research Object
The constitutional guarantee of everyone’s right to qualified legal assistance and its implementation across Russian procedural-law branches, especially representation in civil proceedings
Research Subject
The role and adequacy of professional qualification requirements for legal representatives in different types of proceedings, with a focus on ensuring qualified assistance in civil cases
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2017-01-01
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