DEVELOPMENT OF THE INSTITUTE OF QUALIFIED LEGAL ASSISTANCE IN RUSSIA AND THE FORMER SOVIET UNION
Развитие института квалифицированной юридической помощи в России и бывшем Советском Союзе
2020-06-20
SCID: 54.1/xhn79ju4
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Judicial reform of 1864comparative legal analysislegal services marketprofessionalization of legal aidqualified legal assistance
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Abstract (AI)
The relevance of this work is due to the modern processes of regulation of the legal services market, typical both for Russia and for sovereign States in the post-Soviet space, in order to ensure the constitutional right to qualified legal assistance. The purpose of the work is predetermined by the analysis of ideas about qualified legal assistance in a retrospective and modern sense. The research was based on normative legal acts, including monuments of law, and scientific works (academic publications, monographs) devoted to the development of legal aid. The study was carried out using a set of comparative legal methods: the diachronic method allowed us to compare the basics of legal aid that existed in different historical periods; the synchronous method made it possible to compare the legal reality of Russia with other countries. The problem-chronological method allowed to study the essential features of the evolution of ideas about legal aid that are directly dependent on the socio-cultural transformations of the political and legal system of the and interpretation of norms, implementation of which determines the modern processes of professionalization of legal aid. The study of pre-revolutionary legislation of Russia allowed us to conclude that the traditional understanding of the provision of professional legal assistance by lawyers is formed in the process of socio-cultural modernization of the legal system during the implementation of the Judicial reform of 1864. the Paradigm of legal nihilism in the first years of Soviet power resulted in lacking any qualification requirements for persons who can provide legal assistance, which predetermined the stable practice of lawyers who did not have professional education. The liberalization of legislation during the thaw period contributed to the return to traditional understanding of legal aid. The regulation of legal aid in modern States is carried out in line with the implementation of international standards in national legislation.
Key Findings
1
Early Soviet legal nihilism eliminated qualification requirements for legal-aid providers, fostering a lasting practice of lawyers without professional legal education.
2
Legal liberalization during the Khrushchev-era thaw restored the traditional understanding of qualified legal assistance.
3
Modern Russia and post-Soviet states regulate legal assistance increasingly in accordance with international standards and constitutional guarantees.
4
The study compares the historical and contemporary development of qualified legal assistance using diachronic, synchronic, and problem-chronological legal methods.
5
The traditional concept of professional legal assistance in Russia emerged during the sociocultural modernization associated with the Judicial Reform of 1864.
Research Object
the institution of qualified legal assistance in Russia and the former Soviet Union
Research Subject
the historical evolution and modern regulation of qualified legal assistance, including its professionalization and alignment with international standards
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2020-06-20
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