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Company / Laws

Global reform of the legal services market

Legal aid 11.11.2019 at 09:14

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As reported on the official website of the "Federal chamber of lawyers of the Russian Federation" the Chairman of the Government of the Russian Federation Dmitry Medvedev 07.11.2019 G. met with the leadership of the legal community. During the meeting there were discussed the issues of rendering legal services, and enhanced advocacy. The meeting was organized not by chance, but on the background of the completion of the Draft concept for the regulation of the market of professional legal assistance. Currently the initial draft of the concepts posted on the official website of the Ministry of justice. After making changes and additions based on the views of experts, the Project concept is to be prepared by March 2020. for transfer to the Government of the Russian Federation. After receipt of the Draft concept for the regulation of the market of professional legal aid in the Russian Government, the Russian Government plans to approve the Project subject to additions and amendments by mid-2020. After approval of the Project concept the concept of regulation of the market of professional legal assistance, the Russian Government will have to prepare specific Projects of Federal laws, which will involve reform of the legal services market. Given the fact that the planned reform of the market for legal services is expected at the preparatory stage, to amend the Federal law "On advocate activity and advocacy in Russian Federation".

the Draft Federal law "On amendments to the Federal law "On advocate activity and advocacy in Russian Federation"" it is proposed to introduce legislative provisions on the inclusion in the agreement conditions under which the size and (or) payment of the Trustee's remuneration is made dependent on the result of the provision of legal aid lawyer. This will allow you to obtain competent legal assistance to those without at the time of conclusion of the agreement with the lawyer the cash for payment of compensation to him. On the right of the Federal legislator to institutionalize this kind of remuneration indicated constitutional court of the Russian Federation order dated 23.01.2007, № 1-P.

a good section 2.2 dissenting opinions of judge of the constitutional Court of the Russian Federation N. With. Cooper on the case of check of constitutionality of provisions of item 1 of article 779 and of item 1 of article 781 of the civil code in its Resolution of 23 January 2007, № 1-P, defining the consequences from the decision of the resources of the Federal legislator to establish the Institute of the contingent consideration, it should also be borne in mind that the subject matter was the civil laws of a General nature relating to the contract of rendering paid services that reinforce its basic features and cover all the diversity of practices of conclusion of such contracts. The specification of these rules in respect of certain types of services is carried out in special laws and regulations with regard to legal services special legal regulation is currently not provided. Therefore, the Federal legislator is entitled on the basis of the final output Resolution, which is formulated in relation to the current system of legal regulation guided by the constitutional principles and norms, and taking into account the General legal principle of the relation of General and special rules to establish a different, special - in relation to paragraph 1, article 779, and section 1 of article 781 of the civil code - the legal regulation of legal services, including the definition of conditions and limits of the use of "success fees" as a conditional reward. This conclusion is confirmed by the fact that in the present case, the constitutional Court checked the constitutionality of the Institute "success fee" through the prism of the specific civil contract - on the paid services and therefore formulated in the Resolution of the legal position can hardly be universalisation through distribution in all forms of civil-law agreements on rendering legal aid and on the entire amount of the corresponding social relations. The burden to develop and establish Rules of the use by lawyers of the respective contractual conditions proposed for the Federal chamber of lawyers.

in addition, the Draft Federal law "On amendments to the Federal law "On advocate activity and advocacy in Russian Federation proposes to consolidate the Federal chamber of advocates of the responsibility to develop and approve the procedure for internship, and how to work as a paralegal. This proposal is due to insufficient development of the legal regulation of the status of interns and assistants to the lawyer. A number of issues related to internship and work as a paralegal, law is not settled. In practice raises questions the very design of the relationship with a trainee and a paralegal. It seems that these proposals are consistent with the vision of the Federal law "On advocate activity and advocacy in Russian Federation" and meet the goals of the optimization of the normative regulation of the sphere of advocacy and the legal profession at the present stage of development. The adoption of the above amendments will allow to increase the guarantees of realization of constitutional rights of citizens to receive qualified legal assistance (paragraph 1 of article 48 of the Constitution of the Russian Federation).