employee
Kemerovo, Russian Federation
employee
Kemerovo, Russian Federation
employee
Tyumen', Russian Federation
VAC 13.00.01 Общая педагогика, история педагогики и образования
UDK 34 Право. Юридические науки
This research featured the origin, formation, and development of the institute of defence attorneys in Russia. The methodology was based on the classical principles of historicism and objectivity. Comparative-historical and chronological methods made it possible to reproduce a retrospective analysis of the development of the Institute of defence attorneys. The formal-legal method helped to clarify its legal basis. The authors studied normative legal acts and monuments of law, as well as scientific publications, monographs, and dissertations related to the history of the Bar in Russia. The institute of defence attorneys proved to have a long history, from the first legal representatives of the XV century to the first Russian Bar in the second half of the XIX century, the Soviet Bar, and the contemporary Bar. At each stage, the Russian Bar had its own specific features. For instance, the term "lawyer" was not used in the pre-revolutionary period. The Judicial Statutes of 1864 included the term "sworn attorney". During the Soviet period, lawyers were called "defenders". Their function was quite formal: to represent the general principles of Soviet legislation rather than to defend the interests of the client. The contemporary law on legal practice and defence defines the terminology and regulates the legal status of an attorney. The paper also introduces an analysis of the forms of Bars in Russia and their main functions. The Institute of defence attorneys provides qualified legal assistance to the population, which makes the review quite relevant.
legal history, sworn attorney, lawyer, judicial reform, advocacy, qualified legal assistance, regulations on the bar
1. Gavrilova A. V. Development of the institute of qualified legal assistance in Russia and the former Soviet Union. RUDN Journal of Law, 2020, 24(2): 410-437. (In Russ.) DOI:https://doi.org/10.22363/2313-2337-2020-24-2-410-437
2. Gavrilova A. V., Kozlova N. V. Educational census as a criterion of professionalism in the law enforcement system in the Soviet state. Modern scientific thought, 2017, (6): 218-225. (In Russ.)
3. Gavrilova A. V., Gavrilov S. O. History of human rights activities. Kemerovo: Kuzbassvuzizdat, 2017, 302. (In Russ.)
4. Gavrilov S. O., Svyatkin S. I. Soviet power and the bar: the problem of relationships. Man and Society: at the turn of the Millennium: Proc. Intern. Sci. (correspondence) Conf., Voronezh, September 26, 2016. Voronezh: VGPU, 2016, 27-38. (In Russ.)
5. Vaisman S. Defense lawyer in criminal proceedings. Rabochii sud, 1924, (3-5). (In Russ.)
6. Gavrilov S. O. Completion of forming the organizational model of Soviet bar. Izvestiya Yugo-Zapadnogo gosudarstvennogo universiteta. Seriya: Istoriya i pravo, 2016, (3): 10-15. (In Russ.)
7. Gavrilov S. O. Institutional foundations and regional features of the Soviet Bar in the period from 1917 to the early 1960s (the case of the West Siberian region). Cand. Jurispr. Sci. Diss. Moscow, 2017, 236. (In Russ.)
8. Smirnov V. N. The lawyers' life during the "Khrushchev thaw" and "full fledged socialism" period (1956-1985). Russian Juridical Journal, 2016, (2): 197-213. (In Russ.)
9. Orlova O. V., Deev N. N. The legal profession as an institution of the political system. Defence Attorneys and Modernity, ed. Savitskii V. M. Moscow: Izd-vo IGiP AN SSSR, 1987, 7-13. (In Russ.)
10. Galoganov A. P. Russian advocacy: history and modernity. Moscow: Iurlitinform, 2003, 287. (In Russ.)
11. Korotkevich V. I. History of modern Russia. 1991-2003. St. Petersburg: Izd-vo S.-Peterb. un-ta, 2004, 296. (In Russ.)
12. Galoganov A. P. The draft law on the bar infringes on the rights of citizens. Rossiiskaia iusticiia, 2001, (8): 13. (In Russ.)
13. Gvozdev D. Law on the Bar: the fourth attempt. Biznes-advokat, 2001, (15). (In Russ.)
14. Galoganov A. P., Klen N. M., Mirzoev G. B., Reznik G. M. Lawyer's activity and the Bar. Rossiiskaia iusticiia, 2001, (8): 20. (In Russ.)
15. Gavrilova A. V., Bogolyubov E. A. Theoretical and practical interrelation between legal ideology and legal propaganda in the Soviet society. RUDN Journal of Law, 2018, 22(3): 346-369. (In Russ.) DOI:https://doi.org/10.22363/2313-2337-2018-22-3-346-369
