The activities of the Bar in the Russian Federation are aimed at providing qualified assistance to citizens. The Constitution of Russia contains Article 48, according to which every citizen is guaranteed protection in criminal cases.
The activity of the Bar is connected with a wide range of qualified assistance:
Advocacy in the Russian Federation is a specialassociation of professional lawyers. The main function of this organization is to provide quality legal assistance to all people who need it.
Currently, the bar has beentasks to preserve the legal rights and interests of legal entities and individuals, control compliance with the norms of Russian legislation, educate citizens in respect for the dignity, honor, freedoms of others.
The Russian Bar is dealing with a number of tasks:
Law on Advocacy and Lawyer Activityexplanatory work on civil, labor, family, criminal and administrative legislation as one of the most important areas of activity of advocates.
As another area of advocacy is provided legal services to organizations, institutions that do not have their own legal advisers.
The law on the legal profession allows a lawyer,working in a commercial organization, a state institution, a farm, checking the legality of issued orders, participating in the preparation of contracts and preliminary agreements, conducting claim work, representing the interests of the organization in court, giving advice to staff and employees on legal issues.
In the criminal procedure legislation of the Russian Federationprovides for a wide range of rights that are provided during the judicial examination of defense lawyer, as well as during the preliminary investigation and during the inquiry.
The Law on Advocacy is periodically introducedchanges and amendments that significantly expand the rights of counsel. For example, defenders have the opportunity to communicate with a suspect from the moment of arrest.
The lawyer can study the protocol of detention or the decision to select a preventive measure, have an unlimited number of visits to a client, take part in interrogations.
FZ on the legal profession of the Russian Federation contains provisions on the right of an advocate to file complaints about unlawful actions during the arrest of a defendant or the extension of the term of arrest.
Arguing about what the bar is, let's notethe right of every person who is prosecuted for a free public defender. If the suspect himself or his relatives can not invite an attorney, then in accordance with the law on advocacy and advocacy in the Russian Federation, he is appointed by decision of a judge or prosecutor.
Counsel who participates in the examinationcriminal case, should in its work use any legal means and means of protection that facilitate clarification of the essence of the circumstances. His work is paid from the state budget.
An advocate has the right to participate in the proceedings of civil cases as a defendant, a plaintiff, a third party.
Speaking of what is the bar, we will stopon some historical facts. At the end of the nineteenth century, a judicial reform was carried out on a legislative basis, as a result of which a new legal institution appeared in Russia.
For a long time, intercessors or solicitors acted as advocates. Their activities did not have a legislative basis, so no special demands were placed on these individuals.
In 1864, lawyers were divided into two categories:private and sworn attorneys. The jury was united into a corporation - the class of sworn attorneys. Such corporations had internal self-government, supervised the functioning of the judiciary. What is the Bar? At that time, her task included free consultations for the poor, representation in civil disputes.
Specific requirements forPersons applying for a position as a sworn attorney. The candidate needed to have a five-year work experience as an official, reach 25 years of age, and have an impeccable business reputation.
Conducting a conversation about what an advocate is, you neednote that in the XIX century, far from all provinces of the country there were councils of sworn attorneys. The Council consisted of the chairman, his comrades, rank-and-file members elected by direct vote. The re-election was held annually at a meeting of sworn attorneys by open ballot.
At the end of the 19th century, a law wasinstitute of private attorneys. In the presence of a special certificate issued by the district courts, the private attorney had the right to participate in civil cases, drawing up motions on cases.
Serious changes have affected the Bar since 1917, it was at this time that there were uniform colleges for public defenders and prosecutors, which were abolished in 1920.
Only in 1977 the Soviet legal profession was fixed in the Constitution of the USSR, it received an official legal status.
According to the special Regulation on the Bar andlawyer activity in the Russian Federation there are special voluntary associations of persons who are engaged in advocacy work. All members of the bar should have a higher legal education. In Russia such associations are built on the territorial principle:
Self-management, typical for lawyerscolleges, is the right of each member to make independent decisions on everyday issues related to the activities of the organization. In the exercise of their direct functional duties, the defenders interact with the bodies of inquiry, the prosecutor's office, the courts. Representatives of these bodies do not have the right to interfere in the internal affairs of the college, which indicates the independence of the Russian legal profession.
Rules for admission to the Bar Associationare regulated by Russian law. They can get here citizens of the Russian Federation who have a higher legal education, work experience as a lawyer for at least two years. A probationary period of 3 months is established for candidates.
The board can also accept persons who graduated from higher legal institutions who do not have work experience 2 years after the internship in the board from 6 to 12 months.
Trainees and members of the Bar Association can not work in public and state organizations.
Human rights defenders are sufficiently broadpowers to effectively protect clients in civil and criminal cases, provide qualified assistance to citizens, organizations, enterprises, as well as to participate in the management of the bar.
The basic rights of lawyers:
A lawyer is competent to represent clientsin public and state organizations, to request certificates of a legal nature. Persons who are members of an attorney's colleague have the right to representation in civil and criminal cases.
A person belonging to the legal profession mustunswervingly and accurately comply with all requirements of the Russian legislation, use the permitted methods and means of protecting the interests of organizations and citizens who have appealed to him for legal assistance. A lawyer must be an example of impeccable behavior and high morale, an active advocate of compliance with Russian law.
While exercising protection in criminal cases, he is obligeduse all means and means of protection specified in the law to find out the circumstances that could justify the accused person or mitigate his punishment. A lawyer does not have the right to refuse the accepted protection of the accused, the suspect, the defendant of the person.
Bar associations operating in the territoryThe Russian Federation, are aimed at providing quality and timely assistance to citizens, explaining to them their rights and obligations, assistance in civil and criminal trials.
In the Russian legislationappointment of a free public defender to a person accused of a criminal offense. To encourage high-quality professional activities of representatives of the Bar Association, there are various measures to support and encourage lawyers. He has the right to state paid leave, pensions, social insurance, bonuses.
In case of poor performance of the officeduties, violation of the norms of the Russian legislation, the lawyer is subject to penalties. The type of punishment is determined at a meeting of the Bar Association.
