Reform of the legal services market,: contemporary representation in court

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Solsayeva Marha Bek-Khanovna

Master's student

P. A. Stolypin Volga Region Institute of Management-

RANEPA branch

REFORM OF THE LEGAL SERVICES MARKET: CONTEMPORARY REPRESENTATION IN COURT.

Currently, in accordance with section 5 of the Civil Procedure Code of the Russian Federation^[1] (the Russian text of the Code of Civil Procedure), every able-bodied citizen who has duly executed authority to conduct business has the right to be a representative in the civil and arbitration courts. Thus, it follows that the representation in the courts of general jurisdiction in civil cases may be the case if the citizen has reached 18 years of age, is executed in accordance with the law power of attorney, it is worth noting that the Russian Code of Civil Procedure does not contain any requirements on the information available to it education.

 September 27 this year, the State Duma introduced a bill "On the implementation representation of the parties in the courts and on amendments to certain legislative acts"^[2], the author is chairman of the Legislative Committee on State Building and Legislation Pavel Krasheninnikov. The essence of this bill is that the legislator proposes to establish for persons providing qualified legal assistance, both citizens and organizations of representation in the courts, the general requirements of if they have higher legal education.

The basis of the development of the bill, according to the explanatory note, serve the purpose of ensuring the rights of citizens to receive qualified legal assistance, which is guaranteed to everyone by Article 48 of the Russian Constitution. Today the situation is such that "often referred to himself as a lawyer or a lawyer representative, has no special education, and thus misleading citizen or organization whose interests are represented. The result of such an incompetent representation becomes a lack of proper legal aid, poor representation of client's interests in court, and in the end - the imposition of a judicial act does not fully take into account the interests of the parties. Such incompetent representatives cast a shadow on the legal profession and, as a result, cast doubt on the effectiveness of the judicial system as a whole"^[3].

Thus, according to Article 1: "The representatives of the citizens and organizations to conduct civil and administrative cases in the courts and in arbitration courts have the right to be Russian citizens, who have a law degree obtained by having the Russian state-accredited educational program or assigned to the Russian Federation of Scientists degree in the legal profession, as well as Russian organizations"^[4]. The only exceptions are persons who are legal representatives.

If a participant of the dispute hires as a representative of a legal entity, then such representative may be a Russian organization or a foreign organization that is accredited by the All-Russian public organization, determined by the Government. At this point, the bill does not define what it will be for the organization and what are its specific powers.

Proponents of the idea of ​​reforming aware of the need and interest of the Russian state and society in the legislative proposal.

It is assumed that qualitatively improve the provision of legal assistance with the adoption of this bill, because It will provide competent, literate and experienced professionals in the legal field. It turns out that the legislator practically equates the concept of "law degree" and "qualified legal assistance", but is it really. In fact, the presence of the document of higher legal education does not make a representative of the person skilled in the art. On the other hand, that in this situation to do work in organizations and private lawyers who do not have a law degree, but have experience and are experts in their field. Change jobs? Or urgently to enter higher education for higher education? But when you consider the fact that higher education takes on average three to five years, not a single head of the organization will not have to wait until his staff lawyer, who represents the organization in court, will be educated. And as a result we change the experience, practice and professionalism in the crust of the university.

        Consider other aspects of the relationship, if we put the lawyers on certain conditions and furnish the relevant requirements, will be true on their part to demand a decent remuneration for the rendered legal services. Experience shows that this type of service had never been a small price to pay, but at the same time and did not have very much in high demand. In this case, the legislator will provide demand, but who will be able to provide the opportunity and accessibility of the legal services. The introduction of monetary qualifications primarily affect the category of people who, because of their poverty or low social status are not able to pay for itself the professional services of a lawyer. Based on the fact that in Russia there is no practice of providing free legal aid in the form of representation in court, this category of citizens and will do without the help of a representative of that in no way is not considered by the authors of the bill.

        Just the bill does not reveal such a thing as personal representative. If a citizen is to represent their interests alone, it would also need to have a law degree? It turns out that if there is none, and the means to hire a lawyer or a lawyer is not present, a citizen simply will not provide legal assistance. Is this not mean that the bill violates the guaranteed by the Constitution the right to qualified legal assistance, as well as undermining the safeguards implementation and other constitutional rights and freedoms, such as the protection of their rights by all means not prohibited by law, the right to judicial protection, the right to court trial of the case on the basis of equality of the parties^[5].

        Most likely, the next step of the reform will be amendments to the law, which will contain more than clear conditions for members, namely obtaining the status of lawyer and delivery of specialized certification exam. All this leads to the law of monopoly in the field of representation in court.

        With regard to the legal community, it seems to mass produce lawyers lawyer status to get the right to go to court representative, should be expected.

From the point of view of the practicing lawyers representation in court - an important but not the most profitable service that does not justify the necessity of obtaining the status of lawyer. They will be advantageous to lose the right to representation, but to maintain their independence and right to choose. Therefore, if to represent the interests in court will only lawyers, representatives of the circle narrowed considerably, while prices for services - will grow. And this is largely benefit only lawyers' community.