«Реформа рынка юридических услуг. Принять неизбежное»
In this article the directions of reforming of the market of legal services in questions of lawyer monopoly on representation of interests of the principal in courts, introduction of standardization and improvement of quality of the rendered services are considered. Having analyzed the volumes and other characteristics of the market of legal services of the Russian Federation, the author identified and argued the need for measures, the complex implementation of which will achieve the goals and significantly improve the quality of legal services. The author proposes the creation of a mechanism to guarantee the confidentiality of the client, increasing the availability of legal aid to citizens, improving the quality of legal aid by improving the professional level, the creation of normative and professional standards governing the activities of market participants.
For a long time, Russian legislation did not allow the possibility of establishing a condition on the “fee of success” in the agreement on the provision of legal assistance. With regard to the provision of legal services by lawyers, these restrictions were lifted in 2019. Removing the restriction on the prohibition of the “fee of success” in advocacy and maintaining the prohibition on the provision of legal services by other judicial representatives creates far unequal rules of the game for these members of the legal community. In the legal literature, opinions are already being expressed that a softening of the approach regarding the “success fee” for lawyers will eventually extend to other participants in the legal services market. The article draws attention to the fact that the amendments to the law on advocacy that have come into force are not subject to application until the Council of the Federal Chamber of Advocates develops a rule on the inclusion of a condition in legal aid agreements, according to which the amount of remuneration 320 paid by the principal is made dependent from the result of a lawyer providing legal assistance. It is concluded that in order to determine the content of these rules it is necessary that they do not contradict the legal positions of the highest judicial instances of our country, take into account the prevailing socio-economic and political-legal conditions, doctrinal provisions, features of the legal services market, as well as analogues available in foreign law and order
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/