scholarly journals Current Issues of Qualified Legal Assistance in the Post-Soviet Space

2020 ◽  
Vol 2020 (3) ◽  
pp. 257-263
Author(s):  
Nurana Gurbanova ◽  
Semen Raspopin ◽  
Nikolai Iurtaev ◽  
Dmitrii Bardokin
Keyword(s):  
Law Firms ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Legal Aid ◽  
Public Authorities ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
Definition Of ◽  
The Right

Modern processes of regulation of the legal market in Russia and other post-Soviet countries take place in the context of the right to qualified legal assistance. The authors used a set of such comparative legal methods as synchronous and intra-system comparison, as well as problem-chronological and formal legal methods. The paper focuses on the definition of qualified legal assistance and its criteria. The research involved a group of entities that provide qualified legal assistance: public authorities, civil society institutions, i.e. bar, notary, legal clinics, public associations, etc., commercial organizations, and individual lawyers. The comparative legal analysis featured qualified legal assistance in the countries of the Eurasian Economic Union. A key aspect of the right to qualified legal assistance is the state system of legal aid. The article describes Russian and Belarusian models. The authors believe that there is no appropriate definition of qualified legal aid and that the bar holds the dominant position in the professional lawyers' community. Some countries of the Eurasian Economic Union preserved Soviet experience of bar associations. These countries demonstrate some specific traits of advocacy activities. For instance, institutions of legal consultants function as an alternative to the bar. The Republic of Armenia declared legal practice a business activity. The Republic of Belarus legally regulates specialized bar associations, e.g. legal counseling and law firms that specialize in a particular branch of law. As for free legal assistance, Russian model proved to be more advanced than that of Belarus, as Russia has no statutory mechanisms for obliging legal firms to provide free legal assistance at their own expense. In addition, Russia has a wider range of population categories entitled to receive free legal aid. Another advantage of the Russian free legal aid system is a detailed regulation of the status of legal clinics.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals Legal Aid in Indonesia: Problems and Challenges

2021 ◽  
Vol 3 (2) ◽  
pp. 163-172
Author(s):  
Muhammad Akbar Maulana Gustaf
Keyword(s):  
Equal Treatment ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Judicial Process ◽  
Or Groups ◽  
The Republic ◽  
The Right

In the 1945 Constitution of the Republic of Indonesia Article 28D Paragraph (1), it is stated that "Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law." Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients, namely people or groups of poor people to obtain justice. Legal Aid Providers are legal aid organizations or social organizations that provide Legal Aid services based on Law no. 16 of 2011 concerning Legal Aid. With free legal assistance, people who are unable, in this case at the economic level, who are involved in the judicial process will receive relief from obtaining legal advisors so that their rights can be protected and the judicial process can proceed properly.

scholarly journals Efektivitas Bantuan Hukum Advokat di Pos Bantuan Hukum (Posbakum) Pengadilan Negeri Denpasar Kelas I A

2021 ◽  
Vol 2 (2) ◽  
pp. 373-378
Author(s):  
Gregorius Yolan Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
District Court ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Family ◽  
Class 1 ◽  
The Republic ◽  
Definition Of ◽  
Data Collection Procedure

The development of the concept of a rule of law is a product of history, because the formulation or definition of a rule of law is constantly developing in line with the development of human resources. The state is obliged to provide legal assistance with the aim of protecting and prospering the community, this is in accordance with Article 27 paragraph (1) of the 1945 constitution of the Republic of Indonesia, it is stated that all citizens are equal before the law. The purpose of this research is to explain the position of the legal aid post (Posbakum) in the Denpasar District Court Class IA in providing legal assistance to defendants whose sentence is over 5 years and to find out the factors of constraints for the assistance post (Posbakum) in the Denpasar District Court. This research is designed using empirical legal research with a statutory approach, then the data sources used are primary and secondary data. The data collection procedure was carried out by means of interviews and records, which were then analyzed using descriptive qualitative methods. The results showed that the legal assistance provided by lawyers at the legal aid post (Posbakum) at the Denpasar District Court Class IA was effective because it had carried out the provision of law to the underprivileged community either through direct appointment by the judge or through submission of a letter from the poor. according to Law No. 11 of 2011 concerning Legal Aid and in accordance with the MoU which was signed between the Denpasar District Court Class 1 A and the legal aid post. As for the factors that were often faced by the aid post (Posbakum), namely the defendant himself, namely that the family of the defendant was difficult to find to ask for a statement of incapacity and the community's low knowledge of legal aid facilities.

scholarly journals Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

scholarly journals Features of legal regulation of labor in the member states of the Eurasian Economic Union

2021 ◽  
Vol 128 ◽  
pp. 06010
Author(s):  
T.A. Izbienova ◽  
A.B. Vaiman ◽  
S.M. Sagitov
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Association ◽  
Legislative Framework ◽  
Economic Union ◽  
The Right

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

scholarly journals The right to receive qualified legal assistance in criminal proceedings: The concept, the relationship with the right to defense

2021 ◽  
Vol 21 (2) ◽  
pp. 198-205
Author(s):  
Galina I. Sedova ◽  
◽  
Vasilina Yu. Gromak ◽  
Keyword(s):  
International Standards ◽  
Criminal Prosecution ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Scientific Representations ◽  
Legitimate Interests ◽  
Definition Of ◽  
The Right ◽  
To Receive

Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

Russia, Euroasian economic union and World Trade Organization

10.12737/6432 ◽  
2014 ◽  
Author(s):  
Anna Kashirkina ◽  
Andrey Morozov
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Modern World ◽  
Legal Analysis ◽  
Eurasian Economic Union ◽  
Wide Range ◽  
The World ◽  
Economic Union ◽  
The Republic

The monograph is the first scientific publication, considering the complex international legal issues of the integration of rapprochement of the Russian Federation, Belarus and Kazakhstan after the signing of the Heads of State May 29, 2014 the Treaty on the Eurasian Economic Union. The monograph is held international legal analysis of the contractual framework prior Eurasian Economic Union integration union – Customs Union. The position of the new interstate integration association – the Eurasian Economic Union – as a subject of public international law. On the basis of comparative legal analysis mapped international legal obligations, operating under the World Trade Organization, as well as the provisions of the Treaty on the Eurasian Economic Union, including in the areas of customs regulation, industrial policies, and technical regulation. Give suggestions and recommendations for improving and promoting the integration of the former Soviet Union in the framework of the Eurasian Economic Union, taking into account Russia’s membership in the World Trade Organization, as well as the possible accession by the Republic of Belarus and the Republic of Kazakhstan – Russia’s partners in the Eurasian Economic Union. The monograph focuses on a wide range of readers: researchers and experts in the field of international law and international relations, employees of public authorities, business representatives, teachers and law faculties, graduate students, and all interested in the integration of the modern world.

scholarly journals Topical issues of improving the provision of free primary legal assistance to members of a territorial community by local governments of Ukraine

2020 ◽  
pp. 136-144
Author(s):  
Mykola Kompaniets
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Local System ◽  
The State ◽  
Legal Assistance ◽  
Legal Aid ◽  
Public Authorities ◽  
Public Power ◽  
Long Time ◽  
The Right

The purpose of this article is to study topical issues of improving the provision of free primary legal assistance by local governmentsof Ukraine to members of a territorial community. It has been proved that the provision of free primary legal aid by local self-government bodies to residents – members of a territorialcommunity is a fairly new competence of this level of public authorities – and, given its particular importance in protectinghuman and civil rights and freedoms, which is carried out in the local system of such protection human rights at the level of a local territorialcommunity, which is created by the local self-government bodies themselves, objectively requires its improvement, as well asfurther organizational, organizational and legal support and support.It is argued that the reasons for the objectification, actualization and contextualization of the provision of free primary legal aidby local governments are a number of factors of an objective and subjective nature, which are manifested in the process of organizingsuch work, which include: a) the formation and development of the system of local self-government in the state European standard;b) the peculiarities of the official recognition and legalization of the distribution of interests between the two levels of public power –public state power and public self-governing (municipal) power, as well as their embodiment in legislative drafting and lawmaking;c) conflictogenic motives inherent in the emergence of a new management paradigm – the competence of the local self-governmentbodies themselves, the presence of which was not recognized for a long time in the doctrine of national administrative law; d) the pre -sence in the administrative discourse in the sphere of exercising public power of the state – especially in the drafting of norms (legislation)and rulemaking (legislation) of a false methodological position regarding the deliberate duplication of powers of local governmentbodies of different levels, local government bodies and executive bodies; e) the right of local governments to the priority provisionof free primary legal aid, which follows from the systemic interpretation of Art. 3 of the profile Law of Ukraine “On Free Legal Aid”of 2011, according to which such a right is guaranteed by the Constitution of Ukraine the possibility of individuals with different legalstatus – a citizen of Ukraine, a foreigner, a stateless person, including a refugee or a person in need of additional protection, to receivefree primary legal assistance in full, as well as the possibility of a certain category of persons to receive free secondary legal assistancein the cases provided for by this Law.

scholarly journals Access to a Lawyer in Proceedings for Minor Offences Under Polish and European Union Law

2020 ◽  
Vol 41 (2) ◽  
pp. 175-196
Author(s):  
Iwona Magdalena Bień-Węgłowska
Keyword(s):  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Analysis ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
European Union Law ◽  
Eu Directive ◽  
The Right ◽  
Right Of Access ◽  
The Eu

The Article deals with the opportunity for a suspected person and the passive party in the proceedings for offences to exercise the right of access to a lawyer and the right of legal counsel. The aim of the article is to provide a comparative legal analysis of the provisions of the Code of Procedure in Minor Offences against the background of the EU guarantees under Directives 2013/48/EU and 2016/1919/EU. Directive 2013/48/EU deals with one of the two aspects of the aforementioned right: namely the right of access to a lawyer for suspects and accused persons in criminal proceedings, while the right to legal aid and to state-guaranteed legal assistance in certain circumstances is regulated by Directive 2016/1919/EU.

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