Advocacy is inherently one of the instruments of civil society designed to protect constitutional rights in relation to legal assistance and protection. However, the status of this profession has repeatedly changed throughout the history of the legal profession in Russia. This is primarily due to the peculiarities of the political and economic system in the country.
History of the Advocacy Institute: A Summary
The Russian history of the bar can be briefly described as follows:
- Institute of Attorneys XV-XVI centuries.
- Judicial representation of the XVIII-XIX centuries. (pre-reform period).
- Reform of 1864 Beginning of the formation of the "Western type" bar.
- 1864-1917 Development of sworn advocate institute.
- The period of Soviet power 1917-1991 Adoption of the fundamental Regulations on advocacy in 1962 and 1980
- The bar of the Russian Federation after 1991
These steps are described in more detail below.
Court in Ancient Russia
In ancient times, the advocacy as such did notexisted. The specific prince, members of his team and governors acted as judicial bodies. According to the legal norms of Kievan Rus, set out in the first collection of Russkaya Pravda in 1016, the trial was of an accusatory and adversarial nature. Both sides of the dispute appeared before the prince, often the whole family or community came and presented arguments in favor of their innocence. Often it came to physical assault.
The methods of "God's judgment" were also used, when the accused was subjected to various trials and, according to certain signs, a sentence was pronounced (duel of opponents on the same conditions, lot, test by fire and water, and others). This approach required only the presence of the plaintiff and the defendant, and not the defense.
Attorneys in the XIV-XVII centuries
The appearance of court attorneys in the Middle Ages can be considered the first prototype of modern advocacy in the history of Russia. Messages about them are recorded in the legislative documents of the XIV-XVI centuries:
- Pskov judicial charter (1397-1467) as part of the Vorontsov collection.
- Sudebnik 1497, 1550, 1589
- Novgorod judicial charter (1471).
In all these collections of laws, the institution of attorneys is described as a common phenomenon that has existed for a long time. The right to use such services varied. So in the Novgorod Judgment Charter, this was allowed for anyone, and in the Pskov one - only for women, old and sick people, monks. Alreadythen the provision was fixed, according to which the attorney should not have been in the service of the sovereign, so that the court's decision would not become biased.
The history of the development of the legal profession in Russia during this period is characterized by a low level of judicial and state culture compared to other European countries. So, in Spain, lawyers had their own class organization since the beginning of the 14th century.
In the 17th century, the rights of these individuals continued to develop, but professional organizations did not yet exist. Moreover, in the society of that time there was a very negative attitude towards attorneys. They were at the lowest social level and sometimes had no education, and their services consisted of writing complaints, so they were called tattlers, "nettle seed".
The emergence of the term "lawyer"
The emergence of the term "lawyer" in the history of the Russian legal profession is associated with the era of the reign of Peter I. For the first time, it appears in the Military Regulations, which formed the basis for reforming the legal system of the empire. However, the attitude towards lawyers remained the same - the sovereign himself equated them with fellow thieves and murderers. Peter I considered their activity useless and, moreover, interfering with the work of a judge.
His follower, Empress Elizaveta Petrovna, in a decree of 1752, completely outlawed the activities of lawyers. Such a tradition of treating the legal profession as a harmful and dangerous phenomenon that undermines the foundations of monarchy has existed in Russia for a long time.
Only in 1832 was a law passed that regulated the selection of personsfor judicial representatives and their activities. In the western (Lithuanian, Ukrainian and Belarusian) provinces, a lawyer had to have a noble rank, an estate, and their training was carried out under the guidance of patrons - more experienced persons in this matter. But these innovations concerned only commercial vessels.
Judiciary reform in 1864
Together with the development of bourgeois society in the 19th century, the higher authorities finally realized the need for professional defense in court for representatives of the merchant class and industrialists. In 1864, the State Council decided to create an organized advocacy structure.
The introduction of this legislative act is considered a turning point in the history of the advocacy. The most educated lawyers were involved in the development of the reform project. Sworn advocacy was now regulated by the Judicial Charters. They were introduced in 1866.
The main requirements for sworn attorneys were as follows:
- higher education in law;
- age - over 25;
- practical experience in the judiciary of 5 years or more (or as an assistant to barristers);
- Russian citizenship;
- if you have a non-legal higher education - work experience in a position of at least grade 7 in the judiciary.
A candidate for the position of a sworn attorney should also not be in the public service, be underconsequently, be deprived of class or spiritual rights by a court verdict. His candidacy was finally approved by the Minister of Justice, and the attorney himself took the oath.
The period from 1964 to 1917
After the Judicial Statutes were introduced, the first meeting of approved barristers took place. There were only 21 of them in Moscow. The meeting elected a Council consisting of 5 members.
Thanks to the scrupulously selected composition of attorneys in the Russian bar, a system of high culture and professional honor has developed. This contributed to a change in the legal consciousness of ordinary people and their attitude to the law.
On the part of the imperial authorities, the advocacy did not meet with any support, and pressure was exerted on the most principled of them. In journalism, the activities of sworn attorneys continued to be shown in a destructive sense. Another negative phenomenon in the history of the advocacy institution was the fact that archaic traditions in legal proceedings continued to operate in the outback of the country.
By the end of the 19th century, there was a catastrophic shortage of lawyers in Russia - there were about 30,000 people per attorney. By 1910, this ratio had improved by almost 2 times, but this figure was still very far from European countries. In the UK, it was at that time: 1 lawyer per 684 citizens.
In 1874, a law was passed, with the help of which the authorities tried to control the activities of "underground" lawyers. Since there was a rather high qualification, many professional intercessors simply could notbecome members of the bar. However, this piece of legislation had no significant effect.
Revolution of 1917
In 1917, with the advent of Soviet power, the entire judicial system created in previous years was abolished and completely destroyed. In the history of the development of the legal profession, this was a transitional period. In March 1918, an attempt was made to create a new human rights structure. The decree ordered the formation of state-funded colleges of defenders under local Soviets.
In November of the same year, the All-Russian Central Executive Committee issued the Regulations on the People's Court, according to which advocacy should be carried out by collegiums consisting of civil servants. They acted as prosecutors or defenders in civil proceedings. Payments for lawyer services by clients remained, but the funds were now transferred to the account of the Commissariat of Justice. A feature of this system was that it was impossible to apply directly to a lawyer. He was admitted to the case only if the board considered it necessary. A limit was also set on the number of lawyers, which led to a sharp reduction in its number.
In 1920, a resolution was approved, according to which all citizens with a legal education are required to register with local labor registration authorities within 3 days. The purpose of this decision was the distribution of lawyers, who were lacking in institutions. Those who refused to register were accused of desertion and subject to trial.
Period 20's– 30s of XX century
In 1922, the Soviet government adopted the Regulations on the Bar. Groups of defenders, according to this document, functioned at the provincial courts, and advocacy was paid by agreement of the parties. The college of defenders again became a public entity, in which civil servants, with the exception of teachers, had no right to be. It was managed by the Presidium, whose members were elected at the general meeting.
In 1927, lawyers were banned from private practice. In subsequent years, this decision was either canceled or reintroduced. Professionals in the legal sphere of activity were considered by the worker-peasant power as a bourgeois relic of the past, a counter-revolutionary class. A negative attitude towards the legal profession in the history of the formation of this institution existed throughout the Soviet period.
Statute of 1939
In 1939, a new Regulation on the Bar was issued in the USSR. According to this document, bar associations were created in the subjects of the Soviet Union, the main task of which was to provide legal assistance. They were subordinate to the People's Commissariat of Justice. The scope of their activities included: legal advice, drafting complaints; protecting the interests of citizens in court hearings.
Persons with a higher legal education, or without it, but with work experience, were allowed to work as a lawyer. With the permission of the People's Commissar of Justice, those who were not members of the collegium could also do this. In subsequent years, repeatedlyorders were issued to control the admission of persons to the Bar.
This provision was in effect until 1962. However, one cannot speak of a full-fledged human rights structure at that time - in the 30s. a massive wave of repression unfolded. Legal proceedings against the repressed were carried out in accordance with the special procedure for cases of counter-revolutionary sabotage. Lawyers were not allowed to participate in such processes.
During the Second World War, the number of lawyers decreased due to their mobilization to the front, and military tribunals had the right to make a decision within one day. In the 50s. the situation in this regard has improved, the resolutions on the exceptional procedure for conducting the consideration of court cases in relation to the repressed have been cancelled.
Statute of 1962
In 1962, a new regulation came into force in the RSFSR, regulating the activities of lawyers. In accordance with this document, collegiums were defined as voluntary associations providing legal assistance during investigation, trial and arbitration. A practicing lawyer was required to have membership in such an organization. The boards were under the general control of the Ministry of Justice of the RSFSR. In general, they were self-governing, but decisions on key issues were dictated by the state.
Payment for services was provided according to the instructions approved in 1966. The procedure for admission to members of bar associations has also changed: only those persons who had a higher legal education and practicalAt least 2 years of experience as a lawyer. As an exception, in agreement with the relevant authorities, persons were allowed who were not suitable for educational qualifications, but with legal experience of 5 years or more.
Soviet power. Period 1962-1991
In 1977, in the history of the Russian legal profession, an article appeared for the first time in the Constitution of the USSR, which fixed the public position of this institution, and 2 years later the Law on Advocacy was adopted. On the basis of the latter, in 1980, the Regulations on the Advocacy of the RSFSR were developed. It was more advanced than the previous one, but the main points remained the same. The work of lawyers was regulated by this document until 2002
In each subject of the USSR there was one bar association. The main governing body was the conference of members of the board, and the control - the audit commission. The smallest structural unit was a legal consultation office headed by a head. Their creation was carried out in agreement with the local administration and justice authorities.
New time. Post-1991 period
Despite the transformations of the 1980s, bar associations remained fairly closed organizations. This was due to the political realities of the socialist system in Russia. Paragraphs of the Regulations on the Bar of 1980, corresponding to international law, really started to work only after 1991
The new federal law on the legal profession was adopted only in 2002. According to its provisions, inIn the constituent entities of the Russian Federation, bar associations are being created, which are non-governmental and non-profit organizations. They are established by a collective meeting (conference) of lawyers and are a legal entity with separate property, settlement and other bank accounts. The creation of inter-regional chambers is not allowed.
The highest body - the meeting of lawyers - gathers at least once a year, and at least 2/3 of the members must be present. Collectively make decisions on the election of the audit commission and delegates to the All-Russian Congress, determine the amount of deductions for the needs of the chamber, establish the types of responsibility and incentives for lawyers, make other decisions.
Lawyers have the right to provide citizens and legal entities with any legal assistance that is not prohibited by federal law. Thus, this area of activity in Russia has now been brought into line with generally accepted international standards.
