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Company / Laws

Higher legal education for representatives of civil cases is made compulsory

Legal aid 03.10.2017 at 08:47

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Current procedural legislation of the Russian Federation allows the participation of a representative in civil cases without special legal education. Also many years already there have been discussions about whether the law monopoly with the participation of representatives of civil cases. All these discussions about what the representative in civil cases must have higher legal education or a representative in civil cases must necessarily have the status of a lawyer reduced to the fact that the presence of higher legal education or the presence status of the lawyer, speaks about high-quality, professional legal assistance to their principals. If this were so, then no one would have objected on the fact that the representative in a civil or arbitration process must have higher legal education or have to have the status of a lawyer. The presence of higher legal education (availability of the diploma issued by the University) or the presence status of the lawyer (the presence of the certificate of the lawyer), does not mean that legal aid will be provided efficiently and professionally. Causes of poor legal aid may be different, including selecting the wrong case or a basic unwillingness to do anything about it in the process of reviewing civil cases. If the presence of higher legal education was the measure of qualified legal assistance, there would be no such disputes, the introduction of mandatory legal education for representatives of civil cases.

the Draft Federal law "On the implementation of the representation of the parties in the courts and on amendments to certain legislative acts" in order to ensure the realization of citizens ' right to qualified legal assistance is proposed to introduce a requirement that representatives of citizens and organizations for the conduct of civil and administrative cases in courts and cases in arbitration courts have the right to be Russian citizens, who have higher legal education, having received a Russian state-accredited educational program or has in the Russian Federation academic degree in the legal profession or the legal profession, obtained abroad and passed a professional exam in the legal profession in the Russian public organization of citizens who have legal education. With the exception of persons who are legitimate representatives (parents, guardians, Trustees).

Thus, to participate as a representative in civil cases in the civil process, the arbitration process will be required to have higher legal education received in the University, which has state accreditation. For members in administrative matters under the APC has already introduced the requirement for higher legal education. If the specialist received a diploma of higher legal education, the established sample, the diploma has not confirmed the requirement of higher legal education. All this is so formal approach about the quality of legal aid, even funny. There are professionals who do not have a General legal education, but rather to efficiently and successfully provide legal assistance as a representative. The presence of a diploma of higher legal education, it does not mean that legal aid will be provided efficiently.

the Introduction of a mandatory higher legal education will reduce the number of representatives in civil cases. If the number of representatives will be reduced, it means that will increase the cost of legal services. In the end, the access to legal aid for the population will be reduced. Buda if this bill is passed is unknown, as while there is only a stage of preparation for consideration of the bill.