law/9. Civil law

Karyaginа A.V.

Taganrog Institute of management and Economics, Russia

Attorney monopoly: for and against

For development in the Russian society of legal model of behavior of citizens, overcoming of legal nihilism and increase confidence in the justice 04 April 2013 the RF Government decree №517-R approved the state program "Justice", aimed at protection of rights and legitimate interests of citizens and economic entities, improving the quality of execution of court decisions, acts of other bodies. Among the indicators of the success of the program execution, for the period from 2013 to 2020, specified criterion relations of the total number of lawyers with the current status, the information about which is entered in the register, to the population of Russia.

New reduce state program "Justice" reglamentary that the number of lawyers in Russia by 2020 it is planned to increase from 0.05 to 0.1 per 1 citizen of the country. According to the subprogram "protection of public interests, the rights of citizens and organizations", you must also order the system of legal assistance and to reform the legal profession that provides, in particular, the development of an effective mechanism to exclude lawyers from the profession.

Currently the plan of gradual transition to common law status for all those involved in legal advice. Thus, it is possible the transition to the monopoly law on representation of interests in court. Although in the program text attorney monopoly is not explicitly mentioned. This story caused quite a serious discussion in the legal environment in Russia.

The idea of introducing the so-called law of monopoly is that representatives of citizens and legal entities in arbitration proceedings can be only professional defenders - lawyers. Proponents of this reform lead the arguments about the low level of professionalism in persons on a permanent basis providing legal services. Sufficient knowledge for practical implementation of the law on the territory of our country there are only representatives of the professional legal community advocacy and Notariat. Therefore, you should create the Microsoft professional lawyers, who are monopolists in the field of judicial protection. After the reform of the Institute of advocacy will happen clear its separation from the normal legal consulting, as for reception of the status it is necessary to pass the qualifying examination.

However, there are some difficulties on the way of implementation of these innovations. Advocacy as a public institution in any European country occupies a very important place, as a community of professionals, protecting the rights and freedoms of citizens and organizations. However, in contemporary Russia, the prospects of building of civil society further away indefinitely, so the professionalism of the lawyer in full measure could only be implemented at relatively formed the legal state. Lawyers will not be able to indigenous scrapping the entrenched corruption of customs to implement their professionalism even after the introduction of the monopoly law. Law can defend only when the authorities respect the law, as long as the periodical "dead" legal norms are violated the fundamental constitutional principles, not of any enhanced protection of the rights of question.

From the point of view of professionalism, private practitioner may be more competent than the lawyer, as its specialization and experience in themselves are wider. The impression that the government wants to deprive a huge legal community of Russia the right to earn money in the conditions of free market economy. The opponents of the reform argue that after the introduction of changes, the cost of legal representation in court would increase significantly. Legal services will become more available for most of the organizations and physical persons Thus, a huge part of legal entities and individual entrepreneurs whose rights are violated, will remain vulnerable.

So, the question of introduction of the monopoly law in Russia has been discussed for a long time. When the monopoly to represent the interests of citizens in court can only lawyer with the status of an advocate. Supporters monopoly claim that it allows to allow to protect the interests of citizens only real professionals. Opponents of the monopoly of mind: the status of the lawyer often bought. In addition, some people do not actually need legal assistance: they send to the court representative, simply because they themselves have no time to attend the meeting. In case of introduction of monopolies such people have unreasonably to spend money on the lawyer.

The problem of introduction of the monopoly law lies not in the fact that on the territory of the country provide legal services on a non-professional basis. This is not an indicator of the low level of rendering legal services, and demonstrates only the established custom. The cause of the problems of the protection of the rights of citizens and legal persons - are the low level of education in many universities, the low level of legal culture and civil justice, corruption, after all, to protect the rights of citizens, even a professional will be able only when the law has the absolute power within the legal state.

Literature:

1. Resolution of the Government of the Russian Federation of 15.04.2014 № 312 "On approval of the state program of the Russian Federation "Justice" // http://www.pravo.gov.ru

2. Samokhin SV Advocate and legal services after the introduction of the law on legal monopoly // http://www.yurclub.ru/docs/other/article251.html

3. http://www.garant.ru/news/539250/