На повестке – нормативно закрепленные «критерии» квалифицированной юридической помощи в гражданском судопроизводстве и арбитражном процессе (в свете Постановления КС РФ от 16.07.2020 №37-П)
The experience of creating professionally oriented legal proceedings is not new (besides, it is far from positive) for the arbitration process, 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 16.07.2004 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 July 16, 2020 No. 37-P, where the qualified legal assistance provided was checked (Federal Law No. 451-FZ dated 28.11.2018), 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.