scholarly journals DEVELOPMENT OF THE INSTITUTE OF QUALIFIED LEGAL ASSISTANCE IN RUSSIA AND THE FORMER SOVIET UNION

2020 ◽  
Vol 24 (2) ◽  
pp. 410-437 ◽  
Author(s):  
Anzhelika V. Gavrilova
Keyword(s):  
Soviet Union ◽  
Legal System ◽  
Professional Education ◽  
Former Soviet Union ◽  
International Standards ◽  
Judicial Reform ◽  
Legal Assistance ◽  
Legal Aid ◽  
Academic Publications ◽  
Traditional Understanding

The relevance of this work is due to the modern processes of regulation of the legal services market, typical both for Russia and for sovereign States in the post-Soviet space, in order to ensure the constitutional right to qualified legal assistance. The purpose of the work is predetermined by the analysis of ideas about qualified legal assistance in a retrospective and modern sense. The research was based on normative legal acts, including monuments of law, and scientific works (academic publications, monographs) devoted to the development of legal aid. The study was carried out using a set of comparative legal methods: the diachronic method allowed us to compare the basics of legal aid that existed in different historical periods; the synchronous method made it possible to compare the legal reality of Russia with other countries. The problem-chronological method allowed to study the essential features of the evolution of ideas about legal aid that are directly dependent on the socio-cultural transformations of the political and legal system of the and interpretation of norms, implementation of which determines the modern processes of professionalization of legal aid. The study of pre-revolutionary legislation of Russia allowed us to conclude that the traditional understanding of the provision of professional legal assistance by lawyers is formed in the process of socio-cultural modernization of the legal system during the implementation of the Judicial reform of 1864. the Paradigm of legal nihilism in the first years of Soviet power resulted in lacking any qualification requirements for persons who can provide legal assistance, which predetermined the stable practice of lawyers who did not have professional education. The liberalization of legislation during the thaw period contributed to the return to traditional understanding of legal aid. The regulation of legal aid in modern States is carried out in line with the implementation of international standards in national legislation.

scholarly journals Between Berlin and Moscow: Polish Western Thought in the Twenty-Year Interwar Period

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Marek Masnyk
Keyword(s):  
Soviet Union ◽  
Everyday Life ◽  
Former Soviet Union ◽  
Soviet Period ◽  
Russian History ◽  
Imperial Period ◽  
Academic Publications ◽  
History Of ◽  
History Of Culture ◽  
The Russian Empire

This article deals with the professional discussion about the so-called “difficult questions” of Russian history that involves historians and teachers in the now independent republics of the former Soviet Union and Eastern Block. Both academic publications and teaching books are used as primary sources for the study. In the first section, the author studies several problems connected with the origin of Russian statehood, the Varangian question, and civilizational characteristics of East Slavic nations. The second section is devoted to the Russian imperial past and especially to the discourse on colonialism, which is often used as an explanatory model for the imperial period by historians and textbook authors in some of the post-Soviet countries. The third section is concerned with the conception of the 1917 revolution. The author emphasizes the fact that the conception of a continuous revolutionary process (1917–1922) has yet to be accepted by Russian secondary schools. In this part, the author considers several other factors significant for understanding the revolutionary process including issues such as the origins of the First World War and the developmental level of the Russian Empire in the early twentieth century. In the fourth section, the article discusses the conception of the 1930s Soviet modernization along with negative opinions about the Soviet period given by scholars of different former Soviet republics. In the fifth section, the author briefly observes contemporary studies of culture and everyday life. It is concluded that the history of culture is not represented well in Russian school textbooks, and it is also found that the studies on everyday life are often lacking in depth. Discussing various “difficult questions” of Russian history, the author highlights controversial historical ideas and opinions, formulated in the post-Soviet countries during the last decades.

scholarly journals ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 183-198
Author(s):  
Muslih
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Poor People ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Informal Justice ◽  
Banking Regulations ◽  
National Legal System

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.

Do Hybrid Legal Systems Matter in Foreign Legal-Aid Programmes? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by the Donor States

2021 ◽  
pp. 1-21
Author(s):  
Aziz Ismatov
Keyword(s):  
Soviet Union ◽  
Financial Institutions ◽  
Former Soviet Union ◽  
Hybrid Structure ◽  
International Financial Institutions ◽  
Legal Aid ◽  
Soviet Republic ◽  
Wide Scale ◽  
Donor States ◽  
Individual Donor

Abstract Since the fall of socialism in Eastern Europe, the former Soviet Union, and some states of Southeast Asia, the international financial institutions and individual donor states have initiated wide-scale legal-aid programmes to assist these states in their transition from socialism to a market economy. Whereas the aid from financial institutions vis-à-vis recipient states is often agreed upon specific conditionalities, the donor states design their foreign legal aid according to individual preferences, although sometimes with references to universal goals. Currently, various donor states provide legal aid to Uzbekistan. Given the fact that Uzbekistan is the former Soviet Republic that still bears multiple traces of a socialist legal system and additionally integrates indigenous informal law, this research provides an analysis of how different donor states base their legal-aid activities on entirely different philosophies and levels of gravity, and how receptive the hybrid structure of Uzbekistan’s law is towards such aid.

scholarly journals “Difficult questions” of Russian History: Opinions and Forecasts

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Alexander Chubariyan
Keyword(s):  
Soviet Union ◽  
Everyday Life ◽  
Former Soviet Union ◽  
Soviet Period ◽  
Russian History ◽  
Imperial Period ◽  
Academic Publications ◽  
History Of ◽  
History Of Culture ◽  
The Russian Empire

This article deals with the professional discussion about the so-called “difficult questions” of Russian history that involves historians and teachers in the now independent republics of the former Soviet Union and Eastern Block. Both academic publications and teaching books are used as primary sources for the study. In the first section, the author studies several problems connected with the origin of Russian statehood, the Varangian question, and civilizational characteristics of East Slavic nations. The second section is devoted to the Russian imperial past and especially to the discourse on colonialism, which is often used as an explanatory model for the imperial period by historians and textbook authors in some of the post-Soviet countries. The third section is concerned with the conception of the 1917 revolution. The author emphasizes the fact that the conception of a continuous revolutionary process (1917–1922) has yet to be accepted by Russian secondary schools. In this part, the author considers several other factors significant for understanding the revolutionary process including issues such as the origins of the First World War and the developmental level of the Russian Empire in the early twentieth century. In the fourth section, the article discusses the conception of the 1930s Soviet modernization along with negative opinions about the Soviet period given by scholars of different former Soviet republics. In the fifth section, the author briefly observes contemporary studies of culture and everyday life. It is concluded that the history of culture is not represented well in Russian school textbooks, and it is also found that the studies on everyday life are often lacking in depth. Discussing various “difficult questions” of Russian history, the author highlights controversial historical ideas and opinions, formulated in the post-Soviet countries during the last decades.

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.

scholarly journals LEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS

2020 ◽  
pp. 374-383
Author(s):  
В. Ю. Монастирська
Keyword(s):  
Civil Rights ◽  
International Cooperation ◽  
International Standards ◽  
General Nature ◽  
Professional Activity ◽  
Scientific Article ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Right

The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.

Indemnity to a Victim for Harm in Case of Death of the Person Guilty of Crime and Termination of Criminal Proceedings

2021 ◽  
pp. 66-68
Author(s):  
Maria A. Shaina ◽  
Keyword(s):  
Legal System ◽  
Federal Budget ◽  
Legal Regulation ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Legal Adviser

The article focuses on the problem of restoring the rights and freedoms of the affected people in case of death of the person guilty of committing a crime. The author discusses the variability of the rights of victims, depending on the stage of consideration of an application for a committed crime, and proposes options for amending the current legislation in terms of improving legal regulation of protecting the rights of victims by introducing a new institution of legal assistance to victims. According to the author, the current legal system is to be supplemented with the institution of free legal aid from professional participants in the legal services market and believes that it is necessary to develop a mechanism for appointing a legal adviser who would provide qualified legal assistance to victims, ensure the collection of necessary documents, draw up procedural documents, and accompany the case in the court. It is advisable to provide such legal assistance to victims at the expense of the federal budget with the subsequent appeal of claims for compensation for the costs incurred to the perpetrators.

Marital Stability Among Jewish and Mixed Couples Following Immigration to Israel From the Former Soviet Union

2012 ◽  
Vol 17 (2) ◽  
pp. 158-167 ◽  
Author(s):  
Yoav Lavee ◽  
Ludmila Krivosh
Keyword(s):  
Soviet Union ◽  
Cultural Identity ◽  
Social Adjustment ◽  
Former Soviet Union ◽  
Marital Stability ◽  
Marital Instability ◽  
Factors Associated ◽  
Mixed Marriages ◽  
Marital Outcomes ◽  
Jewish Immigrants

This research aims to identify factors associated with marital instability among Jewish and mixed (Jewish and non-Jewish) couples following immigration from the former Soviet Union. Based on the Strangeness Theory and the Model of Acculturation, we predicted that non-Jewish immigrants would be less well adjusted personally and socially to Israeli society than Jewish immigrants and that endogamous Jewish couples would have better interpersonal congruence than mixed couples in terms of personal and social adjustment. The sample included 92 Jewish couples and 92 ethnically-mixed couples, of which 82 couples (40 Jewish, 42 mixed) divorced or separated after immigration and 102 couples (52 Jewish, 50 ethnically mixed) remained married. Significant differences were found between Jewish and non-Jewish immigrants in personal adjustment, and between endogamous and ethnically-mixed couples in the congruence between spouses in their personal and social adjustment. Marital instability was best explained by interpersonal disparity in cultural identity and in adjustment to life in Israel. The findings expand the knowledge on marital outcomes of immigration, in general, and immigration of mixed marriages, in particular.

The Contribution of Pavlov's Typology of CNS Properties to Personality Research

1997 ◽  
Vol 2 (2) ◽  
pp. 125-138 ◽  
Author(s):  
Jan Strelau
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Animal Species ◽  
Special Significance ◽  
The West ◽  
Personality Dimensions ◽  
Personality Research ◽  
Personality Theories ◽  
Strength Of Excitation ◽  
Point Of Departure

This paper presents Pavlov's contribution to the development of biological-oriented personality theories. Taking a short description of Pavlov's typology of central nervous system (CNS) properties as a point of departure, it shows how, and to what extent, this typology influenced further research in the former Soviet Union as well as in the West. Of special significance for the development of biologically oriented personality dimensions was the conditioned reflex paradigm introduced by Pavlov for studying individual differences in dogs. This paradigm was used by Russian psychologists in research on types of nervous systems conducted in different animal species as well as for assessing temperament in children and adults. Also, personality psychologists in the West, such as Eysenck, Spence, and Gray, incorporated the CR paradigm into their theories. Among the basic properties of excitation and inhibition on which Pavlov's typology was based, strength of excitation and the basic indicator of this property, protective inhibition, gained the highest popularity in arousaloriented personality theories. Many studies have been conducted in which the Pavlovian constructs of CNS properties have been related to different personality dimensions. In current research the behavioral expressions of the Pavlovian constructs of strength of excitation, strength of inhibition, and mobility of nervous processes as measured by the Pavlovian Temperament Survey (PTS) have been related to over a dozen of personality dimensions, mostly referring to temperament.

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