scholarly journals Analysis of the experience of regulating the legal status of advocate in the Federal Republic of Germany from the perspective of its possible use in the Russian Federation

Author(s):  
Yu. I. Soloviova

The article substantiates the need to use foreign experience in regulating an advocate’s status as an important source of resources for improving the legislation of the Russian Federation. The formation of advocacy is influenced by many factors: the level of legal awareness and legal culture in society, the political situation, the social structure of society, economic aspects, lawmaking, law and order, and many others. According to the author, it is very important that the state belongs to a certain legal family. The author believes that the legal advocate’s status has significant specifics in each country, and it is possible to better understand the goals and objectives of the Institute of advocacy and predict its development, including on the basis of research on the systems of advocacy in foreign countries. The article is attempt to conside a question about further improvement of the Institute of an advocate’s status in the present legal system of the Russian Federation taking into account the legislative experience of the Federal Republic of Germany.The author explores such aspects as: getting education by representatives of legal professions, admission to the profession of advocate; rights, duties and responsibilities of advocate, restrictions and prohibitions in the activity of advocate; ethical requirements for the practice of law, and trends in the development of the legal profession. Special attention is paid to identifying a progressive legislative approach. By the author formulated a number of proposals to improve legislation on the advocate’s status in Russian Federation.

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.


Author(s):  
Maria A. Burganova ◽  
Dietrich Brauer

The journal traditionally opens with an academic interview. In this issue, we present Dietrich Brauer, Archbishop of the Evangelical-Lutheran Church of Russia, member of the Council for Interaction with Religious Associations under the President of the Russian Federation, chevalier of the Order of Merit of the Federal Republic of Germany, who kindly agreed to answer questions from Maria Burganova, the Editor in chief of The Burganov House. The Space of Culture journal.


2020 ◽  
pp. 30-40
Author(s):  
Z. Z. Bahturidze ◽  
D. S. Rachkova

The article is devoted to identifying the current image of Russia in the mirror of the German media after the Ukrainian crisis. The role of the media is noted, the crisis situation in Ukraine is characterized. Analyzed publications in the leading print media of Germany on the topic of Russian foreign policy in Ukraine and the role of the Russian Federation in the political crisis in Ukraine (2013–2014). The authors have identified and identified key approaches in the formation of German society a certain idea of Russia and its foreign policy. As conclusions, it is noted that both for objective reasons, and not least thanks to the German media, which use a lot of negative characteristics when constructing the image of Russia, relations between the Russian Federation and the Federal Republic of Germany go through a zone of mutual exclusion. However, relations between the Russian Federation and the Federal Republic of Germany can go to a new level, taking into account the possible pragmatic cooperation of the two states, and provided, among other things, a reduction in the degree of anti-Russian rhetoric in the German media.


Author(s):  
T. A. Zanko

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.


Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.


2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.


2019 ◽  
Vol 10 (3) ◽  
pp. 533-546
Author(s):  
Sergey A. Borovikov ◽  
◽  
Svetlana N. Shishigina ◽  
Saule K. Amandykova ◽  
Peter K. Dolzhikov ◽  
...  

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