О ПРИРОДЕ АДВОКАТУРЫ КАК ИНСТИТУТА ГРАЖДАНСКОГО ОБЩЕСТВА

Abstract

Objective: to determine the nature of advocacy in terms of the interests of society and the state. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in the context of the totality of objective and subjective factors, determined the use of research methods such as systematic, comparative-legal and formal-logical. Results: it is shown that, taking into account the implementation of public interests, advocacy promotes the administration of justice within the frameworks of the legal assistance, guaranteed by the Constitution of the Russian Federation. However, the public interest, embodied in the human rights nature of the legal profession and ensuring the adversarial nature of the judicial process, does not allow to consider advocacy solely the civil society institution. The conclusion is made about the narrowness of interpretation of the advocacy status as the institution of civil society in the Federal Law No 63-FZ "On advocacy activity and advocacy in Russian Federation" of 31.05.2002. The concept of advocacy is proposed, not so much as an institution of civil society, but as an important public institution, participating in implementation of public interests, thus promoting the administration of justice and thereby participating in the formation of the system of checks and balances in relations between the state and the civil society in Russia. Scientific novelty: in the Russian scientific literature, the study of advocacy as an institution of civil society is not addressed adequately. In this article the author attempts to comprehend the possibility of considering the advocacy to be a civil society institution in the light of implementation of public interests. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity in studying of institutions of civil society in Russia in general and advocacy in particular.

Keywords

• constitutional law
• state
• civil society
• civil society institutions
• advocacy
• public interest