scholarly journals On the Legal Position of the Constitutional Court of the Russian Federation on Criteria of “Professional” Legal Assistance in Litigation

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 32-37
Author(s):  
Timur Yu. Dolidze ◽  
Keyword(s):  
Russian Federation ◽  
Modern Society ◽  
Constitutional Court ◽  
Legal Services ◽  
Legal Assistance ◽  
Procedural Law ◽  
Criminal Suspects ◽  
Legal Position ◽  
The Russian Federation ◽  
Soviet Russia

The article is devoted to a critical analysis of the legal position of the Constitutional Court of the Russian Federation, taken by him in the case of verifying the constitutionality of part four of Article 47 of the RSFSR Code of Criminal Procedure in connection with complaints by citizens B.V. Antipov, R.L. Gitis and S.V. Abramov (issued in 1997) in relation to the situation in modern Russia and the current procedural law. Using this methodology allows us to formulate a number of generalizations and conclusions, actualizing the discussion of 1997 today. Monopolization by the advocacy of the legal services market for the protection of criminal suspects and defendants has developed in Soviet Russia and, ultimately, has become established in modern society. This happened contrary to the intentions of the developers of the 1993 Constitution of the Russian Federation at the behest of the legislator, and the Constitutional Court of the Russian Federation did not dare to block this will with reference to the Constitution of the Russian Federation. One of the reasons for this state of the legal system is the uncertainty of the wording of Art. 48 of the Constitution of the Russian Federation, which in fact provided the legislator with excessively wide discretion.

scholarly journals Problems of Ensuring a Fair and Cost-Effective Balance of Interests of the Parties to an Employment Contract in the Development of Atypical Employment (Based on the Analysis of the Norms of Chapter 53.1 of the Labor Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
pp. 148-158
Author(s):  
N. V. Chernykh
Keyword(s):  
Russian Federation ◽  
Professional Education ◽  
Cost Effective ◽  
Constitutional Court ◽  
Employment Contract ◽  
Balance Of Interests ◽  
Legal Position ◽  
The Russian Federation ◽  
Atypical Employment ◽  
Further Development

The paper analyzes the problems of ensuring a fair and cost-effective balance of interests of the parties to an employment contract in the development of various forms of atypical employment, including those revealed through the analysis of the norms on the provision of labor to employees (personnel). There are gaps in the legislation regarding the equal level of remuneration of transferred employees in comparison with the regular staff of the receiving party; the lack of opportunities to participate in collective-contractual setting of working conditions; inability to implement the employee’s right to training and additional professional education. The author examines the legal position of the Constitutional Court of the Russian Federation expressed in the decision of 19.05.2020 No. 25-P "On constitutionality test of Art. 59 part 1 para. 8 of the Labor Code of the Russian Federation in connection with the complaint of I. A. Sysoev" regarding the conclusion of a fixed-term contract with transferred to other employers’ workers. The author concludes that the norms of Chapter 53.1 of the Labor Code of the Russian Federation do not provide a fair and cost-effective balance of interests of the parties to the employment contract in the development of atypical employment. They may seem effective and useful to employers who use their own employees’ labor to minimize staff costs, but this efficiency is imaginary as it is based on short-term benefits and savings on the development of the organization in the future. In this regard, further development of both legislation and law enforcement practice should be based on ensuring a truly equal status of the regular employees and employees engaged by the employer under the contract for the provision of labor to employees (personnel). In the course of the research, the need to make changes to the Labor Code of the Russian Federation is justified.

scholarly journals Preceding a decision of the Constitutional Court

2021 ◽  
Vol 2 (12) ◽  
pp. 57-61
Author(s):  
A. N. ANTIPOV ◽  
◽  
YU. N. STROGOVICH ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Depth Study ◽  
Legal Position ◽  
The Russian Federation

From time to time in judicial practice situations arise when considering specific criminal cases the question is raised about the compliance of certain norms of the current legislation with the provisions of the Constitution of the Russian Federation. The legal position in such cases is formed by the Constitutional Court of the Russian Federation, which comprehensively examines the materials, referring (if necessary) for a comprehensive, in-depth study to the competent authorities and organizations and makes an appropriate decision on the presence (absence) of legal conflicts.

scholarly journals Qualifications for Legal Advisors

2020 ◽  
Vol 2020 (2) ◽  
pp. 168-176
Author(s):  
Victor Rossiev
Keyword(s):  
Russian Federation ◽  
Social Protection ◽  
Legal Education ◽  
Legal Services ◽  
Legal Assistance ◽  
Professional Standard ◽  
Legal Concept ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Federal Laws

The present research featured criteria of qualified legal assistance. The research objective was to determine the professional and educational qualifications of legal advisors. The current domestic legislation has no legal concept of qualified legal assistance, only some contradicting qualification requirements for lawyers. Since legal assistance requires protection of the interests of the person in a jurisdictional order, the author considered it as the activity of a court agent. The article provides a flexible concept of qualified legal assistance that meets modern requirements of the legal services market. The author proved that it is impossible to establish uniform educational and professional qualifications for all legal advisors. Recognizing the requirement for a higher legal education as reasonable, the author claims that the knowledge of the actual circumstances of the case can sometimes attest to the qualification of the representative. Therefore, each case requires a balance of competence. The research included a thorough analysis of the Concept of Regulation of the Professional Legal Assistance Market issued by the Ministry of Justice of the Russian Federation. The paper explains the objective obstacles to the implementation of these provisions. The author also analyzed the draft professional standard of a lawyer, submitted in March 2020 by the Ministry of Labor and Social Protection of the Russian Federation, and found it lacking, imbalanced, and contradicting to federal laws. Thus, any unified qualifications for lawyers are premature.

scholarly journals Value added tax on prepayments from the perspective of the Constitutional Court of the Russian Federation

2021 ◽  
pp. 1-7
Author(s):  
Olga Rusakova
Keyword(s):  
Russian Federation ◽  
Value Added ◽  
Constitutional Court ◽  
Value Added Tax ◽  
Systematic Analysis ◽  
Tax Legislation ◽  
Legal Position ◽  
The Subject ◽  
The Russian Federation ◽  
Constant Improvement

  The subject of this research is the decisions of the Constitutional Court of the Russian Federation pertinent to methodological questions of computation of the value added tax, namely the peculiarities of taxation of prepayments towards upcoming delivery of goods (execution of work, rendering services). The author examines the provisions of the Ruling of the Constitutional Court of the Russian Federation of 11.08.2018 No. 2796-O, which formulates the legal position on the question of establishing tax period essential for the buyer to restore the tax that was previously deducted for the transferred prepayment. Research methodology relies on the systematic analysis of tax legislation and established arbitration practice. Leaning on the conducted analysis of the provisions of tax legislation and decision of the Constitutional Court of the Russian Federation, it is determined that taxation depends on the economic activity of a taxpayer and is affected by multiple factors, which requires constant improvement of tax legislation. In conclusion, the author underlines the need for clarification of tax rules. The novelty of this work consist in proposal of the new algorithm for computation of the value added tax on prepayments, which would allow reducing efforts in maintaining tax records among taxpayers, as well as alleviate the risks for additional charge of tax and fines by fiscal authorities.  

scholarly journals ANALYSIS OF CONSTITUTIONAL COURT LEGAL POSITION OF THE RUSSIAN FEDERATION ON EXTREMIST CASES

2017 ◽  
Vol 21 (6) ◽  
pp. 188-194
Author(s):  
N. F. Bodrov
Keyword(s):  
Russian Federation ◽  
Financial Support ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Wide Range ◽  
Legal Position ◽  
The Subject ◽  
The Russian Federation ◽  
Causes Of Failure ◽  
Expert Practice

Extremist cases are characterized by a set of features: a wide range of various criminal actions, their proof circumstances complexity, an ambiguous standard and legal regulation and other difficulties. This is a reason of diverse judicial and investigative practice formation. After analysis of judicial and investigative practice author reveals a num- ber of regularities which peculiar for affairs of this category. On the basis of all materials considered by the Constitutional court of the Russian Federation (46 cases on complaints consideration for the period from 1993 to 2017) the author analyses features of complaints and statutes which are the subject at appeal. Practice synthesis of the Constitutional court of the Russian Federation on cases of anti-extremism legislation and description of legal position of the Constitutional court is a result of done analysis. The author reveals and describes substantial aspects of complaints which have been rejected by the Constitutional court. Recommendations about complaints preparation and submission are stated. Special attention is paid to those circumstances which are the basis of the Constitutional court practice and are standard causes of failure in complaint consideration. According to analysis practice results of the Constitutional court of the Russian Federation the following provisions are proved: 1) practice of complaint consideration by the Constitutional court on cases of extremist offenses was already created and on certain questions is constantly reproduced in decisions, 2) law-linguistic uncertainty of anti-extremism legislation isn't an obstacle to its application, 3) results of judicial and expert researches are crucial for circumstances state and existence in expert practice of numerous collisions on similar affairs isn't a subject for the appeal in the Constitutional court. The research is done with financial support of RHSF on the agreement No. 16-33-01150.

THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)

2021 ◽  
Vol 10 (6) ◽  
pp. 101-113
Author(s):  
D.I. BEKYASHEVA
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Assistance ◽  
Federal Law ◽  
Close Attention ◽  
Legal Proceedings ◽  
Correct Conclusion ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

The experience of creating professionally oriented legal proceedings is not new (besides, it is far from positive) for arbitration procedure, which, once again addressing this issue, required the legislator to thoroughly study, at least, that had already happened in this regard – the practice of the Constitutional Court of the Russian Federation. While recognizing the existence of two mutually exclusive provisions that appeared in one Resolution of the Constitutional Court of the Russian Federation (from 16 July 2004 No. 15-P), we still cannot but come to the sad conclusion that when establishing restrictions on judicial representatives, none of the conclusions of the Constitutional Court of the Russian Federation is so was not accounted for. At the same time, the Constitutional Court of the Russian Federation itself, in its own Resolution of 16 July 2020 No. 37-P, where the qualified legal assistance provided was checked (Federal Law of 28 November 2018 No. 451-FZ), states the presence of a minimum standard, which externally appears as a forecast of an alleged additional (possibly more close) attention to the set of criteria for a professional representative, but from the inside – this argument of the Constitutional Court of the Russian Federation is just an aporia, a logically correct conclusion, which is still unable to exist in reality.

The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development

2021 ◽  
pp. 90
Author(s):  
Petr A. Skoblikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Policy ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Russian Federation ◽  
The Moment ◽  
The Right ◽  
To Receive ◽  
Basic Content

The Constitution of the Russian Federation guarantees each the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge. Every person detained, taken into custody, accused of committing a crime has the right to be assisted by a counsel (a lawyer) from the moment of detention, arrest or indictment, respectively. The article indicates the subjects of providing and receiving qualified legal assistance, reveals the content of the above constitutional provisions, shows how and to what extent they are implemented in the current legislation, what problems arise in the course of law enforcement, and what legal positions are taken by the Constitutional Court of the Russian Federation. At the same time, the author outlines the vectors of improving legal policy, including criminal policy, and also justifies socio-legal and other measures to ensure that the structure of society and the state more fully and accurately comply with the specified provisions of the Constitution of the Russian Federation.

On the issue of the right to provide legal assistance

2017 ◽  
Author(s):  
Лев Бардин ◽  
Lev Bardin
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Good Alternative ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

Theoretical Issues of Sovereignty in Russia and Russian Law

2012 ◽  
Vol 37 (1) ◽  
pp. 95-113 ◽  
Author(s):  
Mikhail Antonov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Historical Analysis ◽  
Constitutional Court ◽  
Regional Powers ◽  
The Russian Federation ◽  
Russian Law ◽  
Legal Arguments ◽  
Soviet Russia ◽  
Theoretical Issues

AbstractThis article examines the background and the framework of discussions about the concept of sovereignty and its limits. It begins with a short historical analysis of the processes which took place in Soviet Russia leading to the 'parade of sovereignties' in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Russian Constitutional Court in several landmark decisions concerning sovereignty problems. The article focuses on the vertical dimension of sovereignty, i.e., on different conceptions adopted by federal and regional powers in post-Soviet Russia regarding the legal status of the member-republics (subjects) of the Russian Federation. The development of the doctrine of the Constitutional Court of Russia in this matter is quite illustrative as to the legal arguments used to protect the integrity of the Russian Federation against the diverse disintegrative strategies pursued by the regions.

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