As you know, the Russian Constitution says that it seeks to be a rule of law state that acts on the principles of equality and democracy. That is why it is important to know exactly which concepts were enshrined in various fields of activity directly related to the protection of the rights and interests of citizens. That is why paramount importance should be given precisely to the principles of the organization of advocacy and advocacy, since this institution is as much as possible connected with the administration of justice in the Russian Federation by courts and other bodies. Now in the country there are a huge number of private lawyers and various associations that provide professional assistance to citizens. It is about what principles of the organization of advocacy they use, and will be described in this article.
Historical reference
Immediately before moving on to considering the concept of advocacy and the principles of advocacy, the first step is to understand how this institution appeared and developed in the country. He originated here on a professional level quite late - only in 1864, when the reforms of the emperor were completed. It was at that time that the first principles appeared, on the basis of which the solicitors and intercessors, as the people who defended the accused in court were called then, should have acted.
However, such a system did not last long, because after the October Revolution the very existing system of advocacy, as well as the basic principles of advocacy, were destroyed. In exchange came the first Regulation on the Bar, which was adopted in 1922. Gradually, lawyers became specially trained professionals with a higher legal education.
Modern model
However, until the collapse of the USSR, the institution of the legal profession remained in a rather limbo state, since the legal status of lawyers did not have legislative consolidation, and their activities were largely based on the ideological foundations of the party. Only in the 90s did the modern system of advocacy begin to emerge, and fixed principles began to appear, on the basis of which the defenders had to act. By the way, they almost completely meet the international principles of advocacy.
Bar
Before we move on to the principles of the practice of advocacy, consider what constitutes the institution of advocacy. At its core, this term means the provision of competent legal assistance to citizens. That is why the basic requirements apply to lawyers, that is, not only obtaining a higher education in a profile, but also passing a qualification exam.
Lawyers are designed to fully protect the rights and interests of individuals and legal entities on the basis of existing laws in order to provide them with access to Russian justice. The institution of advocacy itself is protected by the Constitution of the Russian Federation, namely article 48, which provides any citizen of the country the right to provide legal assistance by a qualified person. That is why it is so important to know which principles of advocacy are mandatory for lawyers in Russia.
Legal principles
As you know, in any field of law its principles are the main ideas that should guide the persons engaged in activities in this field. These include the principles of advocacy, which not only reflect the internal structure of this institution, but also its changes and dynamics. It is worth saying that they can not always be noticed at first glance, although by default, states fix them in legal norms.
All advocacy in Russia is built on the basis of these principles, which in many respects also comply with the international principles of advocacy, although there are a number of features that arise from the historical, social, political and other state spheres.
The basics of lawyers
Now we will directly proceed to consider the basic principles of advocacy. All of them are enshrined in article 3 of Federal Law No. 63 "On Advocacy", which was adopted in 2002. These include:
- legality;
- independence;
- self management;
- corporateness;
- equality.
Now consider each of them separately.
Principle of legality
The existence of this principle in the first place is that the activities of lawyers, as well as their rights and obligations, are fixed at the legislative level. This confirms the existence of a special law "On Advocacy", as well as other regulatory acts.
Moreover, the principle of legality is manifested in the fact that the lawyer, in carrying out his activities, must fully defend the rights of his client, using exclusively legal methods, even in cases where the accused insists on the contrary. In addition, a manifestation of the principle is the fact that during the course of the case the defender identifies all existing violations that were committed during the investigation and hearing, and then seeks to eliminate them.
The principle of legality, in its essence, lies in the understanding that it is predominant in the country. In addition, it is used to establish equality between all citizens of the country. Lawyers, in turn, must carry out their activities in strict accordance with the law, otherwise they will be liable.
Independence principle
One of the most important principles of advocacy is independence, because it reflects the essence of the profession. In no case should a lawyer carry out his activities under pressure from any side, especially the state, and should not be guided by his personal interests.
All this should be directly provided by the state, so that lawyers can calmly carry out their professional activities without interference or coercion. But at the same time, the defender should also avoid any encroachments on his independence in order to fully comply with the existing standards in relation to clients and the court.
This principle is fundamental and applies even in international practice, as it is enshrined in the General Code of Conduct. That is why lawyers are not recommended to engage in any additional activities, as this may impede its independence. That is why most of the ethical principles of advocacy stem precisely from the principle of independence.
Self-government principle
This principle is implemented in the bar in the fact that any lawyer formations cannot be created, managed or liquidated by any state or other bodies that are not directly lawyers. They themselves must be responsible for their activities and manage the organization on the basis of their own internal acts. This rule ensures that the bar is by no means considered a public authority or local government, but acts on an independent basis.
Corporate principle
Corporateness in advocacy is that advocates are standardly united in special organizations through which they operate based on existing corporate rules governing liability issues and many others. In general, even those attorneys who act independently of corporations must obey existing rules. In return, such organizations provide full protection for the rights and interests of their members, becoming their representatives in matters related to state or other bodies.
The principle of corporatism lies primarily in the fact that voluntarily joining a professional union, lawyers act on the basis of common interests, which are aimed at ensuring adequate protection of their clients and full access to justice.
Principle of equality
Another basic principle is the principle of equal rights for lawyers. It is expressed in the fact that in this environment there is no caste system — neither length of service, nor wages, nor age matter — all lawyers have one vote in deciding their internal affairs. This ensures that their activities do not have bosses and subordination, since their activities do not have the nature of work carried out under the contract or in any other way enshrined in the labor code.
As you know, any person who fully meets the existing requirements can become a lawyer. Gender, race, religion, place of residence and everything else just go by the wayside, since they have nothing to do with the way lawyers carry out their professional activities.
Ethical principles
Moral principles occupy a rather important place in advocacy; therefore, there is a Code of Professional Ethics for a lawyer. There are a fairly large number of rules, but in general they boil down to the fact that lawyers must be properly qualified, be a model of moral purity and have impeccable behavior. In addition, the defender is required to constantly improve his level of professionalism and ensure that there are no dark spots on his reputation.
In addition, during the implementation of their activities, they should be guided by the principle of humanism, since the legal profession is primarily aimed at serving humanity, that is, ensuring the protection of the rights, freedoms, good name, personal secrets of its client. That is why the principle of voluntary entry into the ranks of the bar applies. A lawyer with a higher education cannot be forced to become a lawyer, nor can he be forced to leave their ranks. All these decisions are made by the defender independently without pressure.
Conclusion
After considering the concepts and principles of advocacy, it becomes clear that they are first of all aimed at ensuring that the interests of legal entities and individuals are fully protected. You can see that all these principles are in some way interconnected, and quite often in the form of subordination.
But in general, in spite of everything, the described principles that currently exist in the Russian Federation are quite well correlated with international ones, since they are primarily aimed at providing legal assistance to ordinary citizens in order to ensure their representation during procedural activities.
So it follows that the Federal Law on Advocacy existing in Russia corresponds to the definition of the institution of advocacy as a community of advocates who put the protection of the rights and interests of individuals and society into the forefront, since the principles are fixed at the legislative level.