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The implementation of the concept of regulation of the legal services market

Legal aid 12.11.2019 at 10:08

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The Government of the Russian Federation D. A. Medvedev decided to reform and regulate the market for legal services under the guise of the motive of the availability of legal services and professional legal services. The basic idea of the concept of regulation of the market of professional legal assistance boils down to either "drive" practitioners in the legal community, or create a self-regulatory organization lawyers. In this case, a lawyer will increase costs, as the need does not authorise payments contributions to the bar. Similarly, to make contributions for membership in the self-regulatory organization lawyers. Besides, it is not yet resolved the question of whether to introduce a mandatory requirement on the presence status of the lawyer to participate as a representative in civil and administrative cases (for the APC), administrative cases (administrative code). Whichever way was chosen in the reform of the legal services market, all this will only lead to higher prices for legal services. The presence status of the lawyer, as well as membership in self-regulating organization of lawyers does not mean that legal services will be provided professionally and efficiently depending on the circumstances of the case.

the implementation Mechanism for the Draft framework regulation of the market of professional legal assistance would be the development and adoption of normative legal acts in several directions, subject to the following conditions:

the market for legal services is represented by two main groups of participants: the lawyers and persons not having the status of lawyers; the law on advocacy is structured, provides the possibility to develop professional and ethical standards for providing qualified legal aid, has access instruments for its implementation and exclusion from the legal profession persons, in good faith performing their duties. However, it will require updates on the areas identified in the Concept; persons not having the status of advocates, provide legal services when there is only the total of the established requirements to them as subjects of entrepreneurial activities (registration as a legal entity or individual entrepreneur, tax registration, payment of mandatory payments), requirements as to the special subjects of the market providing legal services is not installed, the professional and ethical standards do not exist, mechanisms for the removal of unscrupulous persons from legal aid as special subjects are not available. the law lacks a common vocabulary that allows you to define the concept, scope and content of the activities on providing legal services that prevent the design of regulations to define the circle of persons entitled to provide such services, and regulations to carry out such activities.

in the analysis of possible options for streamlining the provision of professional legal assistance were considered two main scenarios:

the introduction of self-regulation of the market for which the rules for the provision of legal services is not established, the Union of all market participants on the modernized platform of advocacy.

the Development and introduction of mechanisms of self-regulation of entrepreneurial and professional activities with obligatory membership in self-regulating organizations for a long time regarded the Russian Federation as a means of removal of unnecessary administrative barriers. The institution of self-regulation is used as an alternative to state licensing or other authorization mechanisms. Several types of licensing, in particular licensing evaluation, auditing, actuarial activities, activities of arbitration managers, activities in the field of engineering survey, architectural and construction design, construction, replaced by the requirement of mandatory membership of entities in the self-regulatory organizations .

According to the Federal law from 01.12.2007 № 315-FZ "On self-regulatory organizations" under-regulation is understood as independent and initiative activity carried out by entities of entrepreneurial or professional activity, and the contents of which are to develop and establish standards and rules for such activities, as well as control over compliance with the requirements of the specified standards and regulations. According to international practice, the overall regulatory and enforcement measures imposed by the subjects of self-regulation, often set higher and more detailed level of requirements to the market players and their goods (works, services), rather than acts of state authorities. However, the application of self-regulatory mechanisms as an alternative to the Institute of state licensing shows that in presence of certain improvements, expressed, including, in the deliverance of the number of sectors from unfair and not enough qualified participants and to increase transparency of access to the market, there is also a number of objective disadvantages associated, first and foremost, the low efficiency of execution by self-regulatory organizations assigned to them by the legislation functions.