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What is a bar? Federal law "On advocacy and advocacy" - comments and features

What is a bar? This is a non-governmental law enforcement agency created to provide legal assistance to the population. The Federal Law "On advocacy and advocacy" will be discussed in detail in this article. on advocacy and advocacy

About advocacy

The first article of the law on the bar regulates the concept of advocacy. According to the regulatory act, the activities of lawyers are referred to as professional legal assistance based on the norms of the Federal Law. This type of activity cannot be called entrepreneurial. Lawyers help individuals and legal entities protect their rights and freedoms, as well as provide free access to justice.

The activities of the bar in the Russian Federation are strictly regulated, and therefore the following types of legal assistance cannot be called a lawyer:

  • provision of legal services by notaries and patent attorneys;
  • Providing professional legal assistance to entrepreneurs, government officials and employees of local governments.

Thus, the status of a lawyer has special features, which will be described later.

Profession lawyer

A person who has received an appropriate certificate from the Ministry of Justice, as well as having the right to practice law, is called a lawyer. A lawyer has a number of features. In particular, some restrictions are imposed on it. For example, it is worth highlighting the fact that a lawyer is forbidden to work in a second job only if it is not related to the teaching or creative field of activity.what is advocacy

A lawyer can work both individually - in the so-called law office, and in a group of colleagues - in a special bar association. The provision of legal assistance provided by the employee in question is as follows:

  • providing information related to legal issues;
  • consultation;
  • representation of the interests of the principal during the trial;
  • participation in legal proceedings - civil or administrative type.

Within his competence, he can carry out some other activities. Separately, the law tells about foreign lawyers who have the right to provide legal assistance to their compatriots in the territory of the Russian Federation.

About the powers of a lawyer

The question of what advocacy is best answered by Section 6 of the Law, which deals with advocate powers. To exercise his legal rights, a lawyer is required to have an appropriate license, warrant, and also an agreement from the Ministry of Justice. According to the law "On the Bar", the employee in question has the right:

  • collect information necessary for the provision of legal assistance;
  • conduct a survey of persons who have one or another information that is important for a lawyer;
  • collect evidence and work with them;
  • attract individual specialists in the framework of a particular paperwork;
  • meet with the principal and work with him.

In this case, the lawyer is not entitled to:

  • accept orders from the principal that are illegal;
  • occupy a position in the case that is inconsistent with the will of the principal (except in cases of self-incrimination of the principal);
  • talk about the fault of the principal, despite the fact that the client himself denies it;
  • disclose information entrusted to him by the principal, without the consent of the latter.

It is also forbidden to secretly cooperate with the lawyer operational investigative authorities.

About the duties of a lawyer

The Federal Law "On Advocacy," namely, Article 7, establishes the basic duties of persons with the status of a lawyer. It is worth noting that these responsibilities are not so many, but they must be strictly observed. bar law Absolutely every lawyer must:

  • reasonably and honestly uphold the rights and interests of the principal;
  • to fulfill the requirements of the law on the participation of a lawyer as a public defender in criminal proceedings;
  • constantly improve their own skills, knowledge, skills and professional qualities;
  • comply with the rules of professional advocacy ethics, implement decisions made by the chamber of law - federal or regional;
  • allocate funds every month for the development of the bar;
  • insure your own professional risks.

For non-fulfillment or poor performance of at least one of the listed duties, a lawyer may be deprived of a certificate confirming professional status. And what is the status of a lawyer? When and how can it be received?

About bar status

Professionals who have a special license with them - it is from such persons that any advocacy consists. What is the legal status that every bar worker should have? The third chapter of the bill under review states that the status of a lawyer is acquired by a person with a higher education in the specialty "jurisprudence". A person must be legally competent, without a criminal record.bar law

The special qualification commission, which, in turn, is formed by the Ministry of Justice, assigns advocacy status. A candidate for attorneys must successfully pass the qualification exam, after which the commission will provide the attorney with the appropriate status within three months. It is worth noting that the status is unlimited, and therefore, it can be suspended or withdrawn only in exceptional cases, which will be described later.

Termination and suspension of status

The Federal Law "On Advocacy and the Bar" contains articles 16 and 17, which describe situations in which the status of a lawyer can be withdrawn - temporarily or permanently. What are these situations?

Article 16 provides for the suspension of legal status. Here are some ways to stop a lawyer from working:

  • election of a lawyer to a state body or local government;
  • the inability of a lawyer to fulfill his professional duties for more than six months;
  • draft lawyer for military service.

Termination of the status, according to article 17, occurs in the following cases:

  • commission by a lawyer of a crime;
  • death of a lawyer;
  • the lawyer becomes incapacitated;
  • the lawyer himself submits the corresponding application to the bar.

The bar is engaged in deprivation or suspension of status - one of the forms of bar associations. And what are legal forms in general?

Lawyer secrecy and lawyer's request

The law on the activities of the bar includes two interesting concepts that should be carefully considered. The first concept is called the lawyer's secret, and it is fixed in article 8. We are talking here about any information, one way or another related to the activities of the lawyer to assist the principal. A lawyer cannot act as a witness, and therefore, he has the right to keep all necessary information confidential. Moreover, this right is also an obligation.legal profession

A lawyer's request is regulated in article 6.1. This concept implies the ability to send various certificates to government bodies, courts and local authorities.This is necessary for different purposes: to obtain relevant information, to process certain types of documentation, to identify certain violations, etc.

Forms of Bar Associations

The bar of the Russian Federation has a whole hierarchy, presented in the form of five main forms. All these forms are interconnected, closely functioning with each other. This is what the law fixes:

  • Law Office. This is the name of the activity of a lawyer working separately. This, in fact, is an individual, but not an individual entrepreneur. To obtain this status, you need to have a five-year working experience.
  • Bar Association. This is a non-profit legal entity representing a bar association. The organization must have a charter and a chairman. The chairman deals with the functioning of the board, as well as the distribution of work between subordinates.
  • Law Office. Somewhat similar to a college. However, it is formed for a small amount of time, which is clearly fixed in the contract. As a rule, a bureau is formed to resolve a single case by joint efforts;
  • Legal consultation. It is periodically formed by state authorities or local governments to provide legal assistance to the population.

There is a fifth form, called the bar of law. About it will be described later.

Chamber of law

There are two types of chambers of law: federal and regional. Federal is the main in the whole state, and all regional chambers are subordinate to it. The Law "On Advocacy and Advocacy in the Russian Federation" characterizes the federal type of advocate chamber as an organization created to protect the interests of all Russian lawyers without exception.Federal Law on the Bar

The Regional Bar Association is involved in the formation and registration of all four forms of lawyer formations, taking a qualification exam, and establishing contacts with state authorities and local self-government.

About the All-Russian Congress of Lawyers

Oddly enough, everything is not limited to five forms of lawyer formations. The law "On the Bar of the Russian Federation" states the need to convene a congress of lawyers twice a year. It includes two-thirds of the regional chambers of law that deal with:

  • approval of cost estimates;
  • adoption of the charters of the federal type of lawyers;
  • adoption of a code of ethics for lawyers;
  • approval of the regulations of the congress and many other questions.

Law Offices

Russian lawyers have the right to independent meetings at any convenient time. Thus, article 41 of the law in question states the possibility of convening special conferences. The only requirement is that the meeting should include board members, and the total number of persons present should be at least two-thirds of the list of delegates declared.

The conference is necessary to resolve issues related to the modernization of advocacy, the amount of financing of the law enforcement body by the state, the work of the main forms of legal entities, etc.bar activities in rf

What is a bar? This is a wide system, which includes a large number of forms and entities, performing, in fact, only one function: providing the population with high-quality legal assistance.


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