Abstract:

Abstract:

Abstract:

Abstract:

Abstract: Confidentiality of communications between the advocate and his client is an important part of right of people for qualified legal aid, as enshrined in Art. 48 of the Constitution of the Russian Federation. The violation of confidentiality leads to leakage of professionally important information, which casts negative influence not only on advocacy but on the system of justice as a whole. Since such leakage tends to happen in the process of investigation, the author evaluates the issues of correlation of legal norms on advocacy and investigation. The author points out, that the contradictions may be avoided only if the legislators and the legal practitioners understand the need of the state for self-limitation, which is necessary to guarantee basic rights of citizens and constitutional lawfulness. Keywords: jurisprudence, law, state, politics, advocate, client, legal relations, information, confidentiality, secret, investigation

Abstract: The article is devoted to the history of formation of the Palestinian Foundation of compensation for the victims of the road accidents under the auspices of the Palestinian national administration, starting with the Ottoman empire. The analysis includes the first insurance companies, complications in their work, their functions and powers. The article includes the order of calculation of compensation of harm for the victims of road accidents. The author also mentions the 1995 Decree on formation of the Palestinian Foundation of compensation for the victims of the road accidents under the auspices of the Palestinian national administration, and on law on insurance of 2005. Much attention is paid to court claims of people to the Foundation. Keywords: jurisprudence, judicial claims, insurer, insurant, insurance policy, compensation, victim, compensation fund, capitalization of sums, insurance legislation, insurance fee, transportation vehicle, technical passport, the road accident

Abstract: The issues of disposing of one’s property remain topical at any time. At the same time along with the traditional institution of testament, there’s also rent, and more and more people use it. In this article the author analyzes key characteristic features of rent and testament, with due attention paid to positive and negative aspects, as well as possible risks and the means to lower the risks in question. Keywords: jurisprudence, disposing of property, will, testament, rent, risks, minimization, void deal, types of rent, rent payments, rent

Abstract: Today in the Northern Caucasus there’s a number of inner and external limitations and contradictions, which do not allow to establish lasting peace and concord among the peoples. This article is devoted to the influence of the Islamic factor on the destinies of the peoples living in the region, both in historical retrospective and at the current time.

Abstract: As the author of this article points out, the legal qualification of the lawyer, and the objective criteria for its establishment, including the depth and width of one’s legal knowledge, is a defining characteristic for an advocate, empowered to perform the functions, as provided for by Art. 48 of the Constitution of the Russian Federation…

Abstract: There’s something clearly abnormal, when a legislator strongly protects a criminal, while ignoring the victim’s rights. This article deals with both legal and moral issues…

Abstract: It is obvious, that when setting the obligation of the car – owners to insure their civil responsibility for the harm done to the third persons’ life, health and property in car accidents, the legislator meant to protect the victims of the car accidents. This mechanism is realized by specific type of insurance contracts. This article by K.D. Isho is devoted to specific features of such contracts.

Abstract: The problem of evaluation of the version of the accused on causing death by accident is rather topical. In practice it has to do with the difficulties of evaluation of the criminal situation, behavior of the participants of the event, the means and ways of causing death. These aspects are reviewed by the authors and applied to various investigation situations.

Abstract: The competency of an advocate includes not only knowledge of norms of law, but rather an ability to find needed norms and to operate them, to apply them to specific cases. One of the necessary features of an advocate is his critical mind, which allows him to find violations and mistakes in application of law. This article includes a number of examples of advocates’ mistakes, as well as evaluation of advocates’ legal knowledge.

Abstract: As the author of the article emphasizes, in addition to special professional knowledge of a general nature, an important element of a lawyer's professional competence is awareness of the circumstances and materials of a particular case that he is conducting. As examples, many cases can be cited that were lost due to the fact that the lawyer did not study the case materials deeply enough, did not have information about the circumstances important to the case, did not familiarize himself deeply enough with the position of the opposing side - in addition to the fact that he did not properly study the regulatory framework and materials of judicial arbitration practice in the relevant category of cases.

DOI: 10.7256/2454-0706.2017.6.23092

Abstract: The subject of this research is the legislative norms that regulate responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The object of this research is the content of responsibility for violation of the legal professional privilege in the Russian Federation and countries of the former USSR. The author carefully examines the interconnection between the adopted legislative measures and increased infringement of the legal professional privilege. Special attention is given to the foreign experience of the countries of former Soviet Union in the area of regulating responsibility for infringement of the legal professional privilege. The author formulates proposition on introducing changes into the existing legislation that regulates responsibility form impeding the legal activity of the lawyers. It is underline that despite the implementation of administrative responsibility, takes place the increase in infringement of the legal professional responsibility; therefore, it results in the need for adoption of transformative measures for protecting the lawyers in their legal activity. The author’s special contribution consists in the analysis of legislation of the countries with similar legal regulation, as well as determination of the legislative gap with regards to these countries in the question of regulation of responsibility for impacting the legal activity of the lawyers.

Keywords: Criminal law, Legal regulation, Defender, Lawyer, Obstruction of activity of the lawyer, Russian Federation, legal professional privilege, professional rights of the lawyer, acitivty of the lawyers, Criminal liability

DOI: 10.7256/2454-0706.2018.9.27338

Abstract: The subject of this research is the European, American and Russian legal experience in the area of pretrial reconciliation procedure (mediation). In particular, the author examines the historical path of the development of the institution of mediation on Europe, United States and Russia, as well as the modern European, American and Russian achievements in this regard. A detailed analysis is conducted on the causes and purpose of creating of such regulatory procedure; attention is turned to the various factors of their creation in the continental and Anglo-Saxon law. Methodological base is structure on the general scientific method of cognition, which reflects the correlation between the theory and law enforcement practice; a comparative legal method allows viewing the theoretical insights and pretrial proceedings, as well as the extensive practical application of mediation. The main conclusion lied in identification and analysis of the priority trends in development of the institution of mediation in Europe, United States and Russian Federation. The author reveals that the causes for creating such procedures in the continental and Anglo-Saxon law vary: if the United States attempts to broaden the access of citizens to justice, the European states pursued a different goal – to relieve the court system from the excessive amount of legal proceedings.

Keywords: conflicting parties, arbitrator, judicial reconciliation, regulatory framework, legal experience, mediator, mediation, pre-trial reconciliation, alternative dispute resolution, cross-border disputes

DOI: 10.7256/2454-0706.2023.5.40738

EDN: ZYPGME

Abstract: The problems of using information technologies are relevant due to their constant development and implementation in various spheres of human life. Advocacy is no exception. This article is devoted to the peculiarities of their application in the implementation of activities to protect the rights of the victim in criminal proceedings. The author has studied the types and methods of their use at various stages of legal assistance: entering into a case, collecting evidence, participating in a court hearing on a criminal case. The author pays special attention to the peculiarities of assigning a lawyer to a minor victim using an automated system developed with the participation of the Federal Chamber of Lawyers of the Russian Federation.     In the work, the author analyzed the current regulatory legal acts, including the latest amendments to the Criminal Procedure Code of the Russian Federation regulating the use of electronic document management in criminal proceedings. The peculiarities of the use of information technologies in the process of providing legal assistance have repeatedly become the subject of research, however, the problems arising in the protection of the rights of the victim in criminal proceedings have not received due attention from scientists. According to the results of the study, the author concluded that there is insufficient regulation of some aspects of digital technologies in advocacy, for example, sending electronic lawyer requests, participating in court proceedings via videoconference, assigning a lawyer to a minor victim. Ways to eliminate existing gaps were proposed.

Keywords: appointment of a lawyer, lawyer's rights, victim's lawyer, protection of the rights of the victim, the victim, criminal proceedings, information technology, legal assistance, advocacy, lawyer

DOI: 10.7256/2454-0706.2023.12.69407

EDN: FSYEMM

Abstract: The subject of the study is the main issue of distinguishing a civil tort from a criminally punishable theft in the case of appropriation of a found thing. The study attempts to resolve this issue taking into account the position of the Constitutional Court of the Russian Federation, expressed in the resolution adopted in 2023, as well as taking into account current trends in the formation of law enforcement practice and scientific positions. Two main situations related to the legal assessment of the acquisition of property by a person who has left the owner's possession against his will are analyzed: 1) the secret possession of someone else's thing by a person who observed its loss by the owner and had a real opportunity to immediately inform the owner of the loss or return the thing to him; 2) the seizure by a person of the property found by him, when the circumstances of the loss of this property from the possession of the owner are not known to him. The issue is being considered on the basis of a comparative legal and systematic analysis of the provisions of civil legislation regulating the procedure for handling a find, and the norms of criminal legislation establishing liability for theft. In analyzing the main problem, the classification of found property developed in the doctrine of criminal law was used and, taking into account the formal legal method, an assessment of the facts of its seizure was given. As a result of the conducted research, the approach is justified that taking possession of a find does not qualify as theft of property if there are three necessary conditions: the absence of individually defined signs in the property, according to which the owner of the property can be identified; the person who discovered the find does not take active actions to seize it until the final termination of ownership of the thing has been definitively terminated, which is reliably known to the person who discovered the find (for example, it is located in a place unknown to the owner (or another owner), or the thing is abandoned, which the owner refused, which is reliably known to the person who discovered the find. The stated provisions will allow law enforcement officers to unambiguously resolve the issues of qualification of those acts that form signs of theft in cases of illegal seizure of found property and its conversion in their favor or in favor of other persons.

Keywords: seizure of property, forgotten thing, appropriation of the found, left thing, lost thing, abandoned property, found property, find, theft, larceny

Abstract:

Abstract:

Abstract: An advocate is a key figure in provision of legal support to individuals to protect their rights and freedoms. Advocate’s work may influence the future life, well-being, profession and income of a person. Unfortunately, the profession of an advocate is currently unsafe and difficult. Murders and bodily harm to advocates are not that rare, lives and security of advocates and their families are hardly protected, and the protection of advocates in the Russian law carries declarative character…

Abstract: It is predicted that the game-hall and gambling business growth rate in Russia shall be much more dinamic than in most other countries for about 5 to 7 years. This supposition is, first of all, based on the facts that the people are generally inclined to gambling and are willing to spend their cash on it, that the gambling and game-halls appeared in Russia comparatively recently and that legislation on gambling and game-halls in Russia is quite imperfect. What is the influence of the “gambling factor” on the social sphere in Russia? Is it a blessing or a threat?

Abstract:

Abstract: On February 14, 2004 the roof of the entertainment complex “Transvaal Park” crashed over the swimming pool and water recreation area, where there were 400 visitors, who came to rest with their families. 28 people died and more than a hundred people. It is not the first such catastrophe, however, relevant state officials are rarely held responsible. Shall the officials of the Government of Moscow be held responsible for their criminal negligence, which led to deaths of 28 people.

Abstract:

Abstract: Since the Civil Code of the Russian Federation does not give much detail to the content of the obligation to provide life annuity, in many cases the particular conditions of life annuity remained unclear, and it led to disagreements between the parties to the contracts and judicial disputes. Most lawsuits by those, receiving the life annuity, on agreement dissolution are motivated by the difference between what these people expected to get, and what they actually got. It often turns out that the contracts of this type only provide for the minimal set of obligations, which do not meet the needs of the people who receive life annuity.

Abstract:

Abstract:

Abstract: When studying the issue on legal status of an advocate and a related issue on the status of advocacy in Russia one should take into account the foreign experience in this sphere. Study of such an experience may come handy in order not only to understand the level of development of this sphere in Russia, but also to predict the ways of its development and to make proposals to optimize its development.

Abstract: Israel is the country with the largest percentage of lawyers per capita in the world. There is one lawyer for every two hundred residents of the country. In this paper, the author examines the main definitions, rules and characteristics of disciplinary proceedings against lawyers in Israel.

Abstract: The article is devoted to the specifi c features of implementation of the right of the foreign citizens for qualifi ed legal aid. Under part 1 of Art. 48 of the Constitution of the Russian Federation each person is guaranteed the right to have qualifi ed legal aid. This formula provides for such a right for anyone not depending on citizenship. However in some cases provision of legal aid depends on citizenship of the Russian Federation. The author points out the differences in aid on civil and criminal cases, she also studies the specifi c features of qualifi ed legal aid, as provided for in the international conventions and treaties with the Russian Federation.

Keywords: jurisprudence, legal services, foreign citizens, advocates, qualifi ed legal aid, free legal aid, civil cases, criminal cases, international agreements, international treaties, legal aid to foreign persons.