Gutsenko Kovalev law enforcement agencies. Law enforcement

8th ed. - M.: Zertsalo, 2007. - 440 p.

This edition of the textbook on the course "Law Enforcement" is the eighth. The need for it arose due to the fact that its previous editions are now significantly outdated and none of them can be unconditionally recommended for use in the educational process. This is primarily due to the fact that during the entire specified period of time there has been and continues to be an ongoing process of updating Russian legislation, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.

The eighth edition, like the first seven, was prepared on the basis of a curriculum compiled in accordance with the requirements of the State educational standard for higher professional education in specialty 021100 - “Jurisprudence” and used by teachers and students of the Faculty of Law of Moscow State University. M.V. Lomonosov. In this edition, the material contained in previous editions has been updated as much as possible, taking into account all current changes in legislation and other legal acts.

For undergraduates, graduate students, teachers of law universities and faculties whose curricula are designed to train lawyers of a wide profile. For anyone interested in the structure and powers of law enforcement agencies.

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Content
PREFACE 1
Chapter I. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§eleven. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers
and basics of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types,
content, form and legal meaning 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION... 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405

Main directions (functions) of law enforcement activities.
In its content, law enforcement activity is not monosyllabic. Its versatility is manifested in the relative diversity of specific areas (functions) of which it is composed. Such areas (functions) should include:
- constitutional control;
- justice;
- organizational support for the activities of courts;
- prosecutor supervision;
- detection and investigation of crimes;
- provision of legal assistance.

Each of these areas is aimed at achieving certain results: eliminating violations of the provisions of the Constitution of the Russian Federation; trial and resolution of civil and criminal cases, cases of administrative offenses; creating conditions for the normal functioning of courts; identification and elimination of violations of the law using the means of prosecutorial response; solving crimes and exposing those guilty of committing them, preparing materials for consideration of specific cases in court; providing everyone who needs it with the opportunity to use qualified legal assistance, especially those persons who are brought to criminal liability, as well as the provision of other legal services. Achieving such specific results ultimately ensures the fulfillment of the general law enforcement objectives mentioned above.

Content
PREFACE 1
Chapter I. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§eleven. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers
and basics of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types,
content, form and legal meaning 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405.

MOSCOW STATE UNIVERSITY

Named after M. V. Lomonosov

K. F. Gutsenko, M. A. Kovalev

LAW ENFORCEMENT

ORGANS

Textbook for students

law schools and faculties

Fifth edition,

Revised and expanded

Edited by

Honored Lawyer of the Russian Federation, Professor,

Doctor of Law,

Head of the Department of Criminal Procedure,

justice and prosecutorial supervision

Faculty of Law

Moscow State University

named after M.V. Lomonosov

K.F. Gutsenko

MIRROR

BBK 66.99(2)9

Educational and Methodological Association of Russian Universities

as a textbook for law schools
Gutsenko K. F., Kovalev M. A.

G 93 Textbook for law schools and faculties. 5th edition,

Revised and expanded. Ed. K. F. Gutsenko. M.:

Publishing house "Mirror", 2000. - 400 p.
ISBN 5-8078-0055-9
This edition of the textbook for the course "Law Enforcement" is the fifth. The need for it arose due to the fact that the first (summer 1995), second (autumn 1996), third (spring 1997) and fourth (autumn 1998) editions are now significantly outdated, and neither one of them cannot be unconditionally recommended for use in the educational process. This is primarily due to the fact that throughout the entire specified period of time, the process of updating Russian legislation has been and continues to be ongoing, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.

The fifth edition, like the first four, was prepared on the basis of a curriculum compiled in accordance with the requirements of the State educational standard for professional higher education in specialty 021100 - “Jurisprudence” and used by teachers and students of the Faculty of Law of Moscow State University. M. V. Lomonosov. In this edition, the material contained in previous editions has been updated as much as possible, taking into account all current changes in legislation and other legal acts.

 K. F. Gutsenko, M. A. Kovalev, 1997

 K. F. Gutsenko, M. A. Kovalev, 2000

 Publishing house "Zertsalo", 2000

Index of abbreviations

agro-industrial complex - Arbitration Procedural Code of the Russian Federation. Adopted May 5, 1995

BNAFOIV- Bulletin of normative acts of federal executive authorities.

Air Force- Gazette of the Supreme Council of the RSFSR; Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR; Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation.

TO YOU- Bulletin of the Supreme Arbitration Court of the Russian Federation.

VVSS- Gazette of the Supreme Soviet of the USSR, Gazette of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR.

Law on Arbitration Courts- Federal Constitutional Law “On Arbitration Courts in the Russian Federation” of April 28, 1995 (SZ RF, 1995, No. 18, Art. 1589).

Security Law- Law of the Russian Federation “On Security” of March 5, 1992 (VVS, 1992, No. 15, Art. 769; 1993, No. 2, Art. 77; RG, 1994, January 14 and 19).

Law on Military Courts- Federal constitutional law "On military courts of the Russian Federation" dated June 23, 1999 (SZ RF, 1999, No. 26, Art. 3170).

Law on the Constitutional Court- Federal constitutional law “On the Constitutional Court of the Russian Federation” of July 21, 1994 (SZ RF, 1994, No. 13 art. 1447).

Police Law- Law of the RSFSR “On the Police” of April 18, 1991 (VVS, 1991, No. 16, Art. 503; 1993, No. 33, Art. 1316; SZ RF, 1996, No. 25, Art. 2964; 1999, No. 14 Art. . 1666; no. 49, art. 5905).

Law on Justices of the Peace- Federal Law “On Justices of the Peace in the Russian Federation” of December 17, 1998 (SZ RF, 1998, No. 51, Art. 6270).

Law on the Prosecutor's Office- Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation" dated November 17, 1995 (SZ RF, 1995, No. 47, Art. 4472; 1999, No. 7, Art. 878; No. 47, Art. 5620).

Law on the Status of Judges- Law of the Russian Federation “On the status of judges in the Russian Federation” of June 26, 1992 (VS, 1992, No. 30, Art. 1792; 1993, No. 17, Art. 606; SZ RF, 1995, No. 26, Art. 2399; 1999, No. 29, Art. 3690).

Law on the Judicial Department- Federal Law “On the Judicial Department at the Supreme Court of the Russian Federation” of January 8, 1998 (Law of the Russian Federation, 1998, No. 2, Art. 223).

Law on the Judiciary- Federal Constitutional Law “On the Judicial System of the Russian Federation” of December 31, 1996 (SZ RF, 1997, No. 1, Art. 1).

Law on Bailiffs- Federal Law “On Bailiffs” of July 21, 1997 (SZ RF, 1997, No. 30, Art. 3590).

Law on the Judiciary- Law of the RSFSR “On the Judicial System of the RSFSR” of July 8, 1981 (VVS, 1981, No. 28, Art. 976; 1992, No. 27, Art. 1560; No. 30, Art. 1794; 1993, No. 33, Art. 1313 ; SZ RF, 1994, No. 32, Art. 3300;

Fundamentals of legislation on notaries - Fundamentals of the legislation of the Russian Federation on notaries, approved by the Supreme Council of the RSFSR on February 11, 1993 (VVS, 1993, No. 10, Art. 357).

Regulations on the Ministry of Justice- Regulations on the Ministry of Justice of the Russian Federation. Approved by Decree of the President of the Russian Federation of August 2, 1999 No. 954 (SZ RF, 1999, No. 32, Art. 4043).

RG- Russian newspaper.

SAPP- Collection of acts of the President and Government of the Russian Federation.

Collection of documents- International human rights instruments. Collection of documents / Comp. V. A. Kartashkin and E. A. Lukasheva. M., 1998.

NW- Collection of laws of the USSR.

NW RF- Collection of legislation of the Russian Federation.

SPPVS 1 - Collection of decisions of the Plenum of the Supreme Court of the Russian Federation. 1961-1996. M., 1997.

SU- Collection of laws of the RSFSR.

1 In this collection, the decisions of the Plenum of the Supreme Court of the Russian Federation are published taking into account numerous amendments made on December 21, 1993 and October 25, 1996.

Preface

Any lawyer must know well how the bodies that are actively involved in the implementation of legal regulations are structured and operate. This knowledge is needed not only for future professional practice in all areas of legal activity after graduating from an educational institution and receiving the appropriate diploma. They must be owned by judges and prosecutors, investigators and investigators, lawyers and lawyers working in legislative or executive institutions, in state or private commercial or industrial organizations. They are also extremely necessary for a law student, a future lawyer, when mastering many disciplines that will have to be learned during the entire course of study at a law school.

The academic discipline "Law Enforcement Agencies" provides general, basic information about law enforcement activities and those state and non-state institutions that are called upon to carry them out. The range of such institutions is relatively wide. According to popular opinion, these include, first of all, the courts, the prosecutor's office, the justice and internal affairs bodies, the tax police, the bar and similar organizations and formations. Many other bodies are also involved in the performance of some law enforcement functions, including, for example, those that, while ensuring the solution of other very important government tasks, at the same time make a major contribution to the detection and investigation of crimes (for example, through operational investigative activities or inquiries) .

The purpose of studying this discipline is to give future lawyers a clear idea of how these institutions are built and what functions they perform, how they interact with each other, other state and non-state organizations, and what their social purpose is. Naturally, in a textbook on a discipline that is usually studied for no more than one semester, it is impossible to cover all this equally comprehensively. Therefore, the main attention, without the slightest intention to belittle the importance of other institutions, is given to the courts, since it is they who are endowed with such responsible powers, which together form what is commonly called an independent branch of state power - the judiciary.

One of the main features of the subject is that it requires students to master the content of not one or two legal acts, but a large number of them. In total, the student has to deal with approximately fifty legal acts of various levels, ranging from the Constitution of the Russian Federation, norms of international treaties binding on the Russian Federation, and ending with departmental regulations. Perhaps few legal disciplines have this kind of feature. For a first-year student (the subject is taught, as a rule, already in the first semester), who does not yet have sufficiently serious experience of “communication” with legal “matter,” such a volume of specific information poses a significant difficulty.

The situation is also aggravated by the fact that nowadays there is an ongoing, rapid process of updating laws and other legal acts. This process is manifested, of course, in the constant updating of legislation that is directly related to the implementation of the law enforcement function of the state, to the organization and fundamentals of the activities of the relevant bodies, as well as in updating the practice of applying such legislation.

The authors, taking into account the experience of teaching the discipline “Law Enforcement Agencies” at the Faculty of Law of Moscow State University named after M.V. Lomonosov, in this edition of the textbook, as in the previous ones, sought to maximally contribute to ensuring that students of this academic discipline have a complete understanding of the relevant legal material. At the end of almost all chapters there are lists of current acts or their structural units directly related to specific topics. Not only these lists should help you find the texts of acts and study their contents, but also the Reader prepared by the authors of this textbook, the publication of which has been resumed after some break (see: Gutsenko K. F., Kovalev M. A. Law enforcement agencies. Reader. M.: Publishing house "Zertsalo", 1999).

The study of legal material from primary sources is intended to help students develop, already at the very initial stages of professional training, the ability to search and find the necessary documents in the “boundless legal sea”, which is very important for any competent lawyer, as well as the skills to work with them.

More than four and a half years have passed since the first edition of this textbook was published. The time period seems to be short. But it was precisely at this time that many legal acts were adopted that cannot be ignored when studying the organization and fundamentals of the activities of courts, the prosecutor's office, preliminary investigation and inquiry bodies and other law enforcement agencies. Only in the time that has passed since September 1998, when the previous (fourth) edition of the textbook was published, about two dozen laws, international treaties of the Russian Federation and other legal acts have appeared that have one or another relation to the issues considered within the framework of the academic discipline " Law enforcement agencies."

The most significant changes are related to the further improvement of the judicial system of the Russian Federation. They manifested themselves primarily in the adoption of the Law on Justices of the Peace (November 1998) and the Law on Military Courts (June 1999). The first of them was another step towards the implementation of a long-standing plan for the formation of judicial institutions that would be as close as possible to the population and would relieve the overloaded civil courts of general jurisdiction of the main level. The second of these laws marked the beginning of a radical restructuring of the subsystem of courts operating in the Armed Forces of the Russian Federation and other military structures.

Major events continued to take place around the Ministry of Justice of the Russian Federation and the system of its bodies and institutions. As you know, several years ago they entered a period of tangible transformations. A definite summary of these transformations was the Decree of the President of the Russian Federation of August 2, 1999, which approved the new Regulations on the Ministry of Justice.

The organization and main functions of other law enforcement agencies were also specified. For example, the Law on the Prosecutor's Office (February, November 1999) and the Law on the Police (March, December 1999) again underwent numerous additions and changes, and new Regulations on preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation were published (November 1998). ) and Regulations on the Federal Tax Police Service (September 1999).

At the same time, the highest courts continued to be active. These authorities adopted a number of decisions that will undoubtedly play a significant role in adjusting the powers of law enforcement agencies and improving their interaction.

The need to update the textbook and prepare its new edition was also prompted by continuous communication with students who learned the subject from previous versions of the textbook, as well as with colleagues who used them in the teaching process.

The author of chapters I-IV, VII, X-XIV and § 4 ch. XVII, index of abbreviations and alphabetical subject index is Doctor of Law, Professor K.F. Gutsenko, and chapters V, VI, VIII, IX, XV, XVI §1-3 Chapter XVII - Candidate of Legal Sciences, Associate Professor M.A. . Kovalev.
Regulatory material is given as of January 1, 2000.
K. Gutsenko, January 2000

and class ranks (prosecutor's office - see § 4 ch. XV textbook), spices al ranks (internal affairs bodies and federal bodies atden police) and military ranks (federal security service and military prosecutor's office). Ranks and titles are awarded with academicposition held, length of service, attitude towards work, etc. hy factors.

To characterize the preliminary investigation bodies, the entireIt is important to know that no matter what department the conc belongs to a veteran investigator, no matter how high a rank he may have, a warriorcivil or special rank, whatever position he holds(be it an investigator, a senior investigator, an investigator for particularly important cases, etc.) - when investigating a specific criminal affairs, he is obliged to obey the uniform requirements of the laws, firstly turn to the requirements provided for by the Constitution of the Russian Federation and the Code of Criminal Procedure.

Code of Criminal Procedure - Art. 34, 117, 118, 119, 120, 125, 127 and 212.

Law on the Prosecutor's Office - part. 4 tbsp. 14, part 3 art. 15, art. 16, part 1-4 art. 41 1, art. 40 4 and parts 1, 2, 5, 7, 11 and 12 art. 48.

Federal Law "On Federal Service Bodiessti in the Russian Federation" dated April 3, 1995 - Articles 8 and 10 (SZ RF, 1995, No. 15, Article 1269).

Regulations on the Federal Security Service of the Russian Federationwalkie-talkie, approved by Decree of the President of the Russian Federation of July 6, 1998 No. 806 - clause 8 (SZ RF, 1998, No. 28, Art. 3320; No. 32, Art. 4384; No. 41, Art. 5004; 1999, No. 2, Art. 267).

Federal Law "On State Protection" of May 27, 1996 - Art. 13 and 14 (SZ RF, 1996, No. 22, Art. 2594; 1997, No. 29, Art. 3502).

Federal Law "On Foreign Intelligence" of January 10, 1996 - Art. 6 (SZ RF, 1996, No. 3, Art. 143).

Federal Law “On Operational-Investigative Activities” of August 12, 1995 - Art. 1-3 and 13 (SZ RF, 1995, No. 33, Art. 3349; 1998, No. 30, Art. 3613; 1999, No. 2, Art. 233).

Regulations on the Ministry of Internal Affairs of the Russian Federation,approved by Decree of the President of the Russian Federation of July 18, 1996 No. 1039 - clause 7 (SZ RF, 1996, No. 30, Art. 3605; 1997, No. 36, Art. 4133; 1998, No. 17, Art. 1915; 1998, No. 22, art. 2413; 1998, no. 43, art. 5333; 1999, no. 6197).

List of divisions of the central apparatus of the Ministry of Internal Affairsof the Russian Federation, implementing the main tasks of the Miministry, approved by Decree of the President of the Russian Federation of April 24, 1998 No. 433 (SZ RF, 1998, No. 17, Art. 1915; 1998, No. 49, Art. 6010).

Regulations on preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation, approved by the Criminal CodeLaw of the President of the Russian Federation of November 23, 1998 No. 1422 - clauses 1-4, 8-13 (SZ RF, 1998, No. 48, Art. 5923).

328Chapter XVI . Organization of detection and investigation of crimes

Regulations on the National Central Bureau of Interpol, approved by Decree of the Government of the Russian Federation of October 14, 1996 No. 1190 - clauses 1 and 2 (SZ RF, 1996, No. 43, Art. 4916).

Law of the RSFSR "On the Police" of April 18, 1991 - Art. 1, 2, 8 and 9 (VVS, 1991, No. 16, Art. 503; 1993, No. 33, Art. 1316; SZ RF, 1996, No. 25, Art. 2964; 1999, No. 14, Art. 1666; No. 49, art. 5905).

Customs Code of the Russian Federation. Approved June 18, 1993 - art. 222-225 (BBC, 1993, No. 31, Art. 1224; 1995, No. 26, Art. 2397; 1996, No. 1, Art. 4; 1997, No. 30, Art. 3586; No. 47, Art. 5341; 1999 , No. 7, Art. 879).

Law of the Russian Federation "On the State Border of the Russian Federation" dated April 1, 1993 - Art. 30 (VS, 1993, No. 17, Art. 594; SZ RF, 1994, No. 16, Art. 1861; 1995, No. 50, Art. 5610; 1997, No. 29, Art. 3507; 1998, No. 31, Art. 3805; 1998, no. 31, art. 3831; 1999, no. 2808).

Law of the Russian Federation “On Federal Tax Police Bodies” of June 24, 1993 - Art. 2 and 5 (VVS, 1993, No. 29, Art. 1114; SZ RF, 1995, No. 51, Art. 4973).

Regulations on the Federal Tax Police Service of the Russian Federation, approved by Decree of the President of the Russian Federation of September 25, 1999 No. 1272 (SZ RF, 1999, No. 39, Art. 4590).

Law of the Russian Federation "On private detective and security activities in the Russian Federation" dated March 11, 1992 - Art. 3-5 and 7 (BBC, 1992, No. 17, Art. 888).

Chapter XVII

§ 1. Legal assistance: content and meaning

Providing qualified legal assistance to all who need it is considered an important constitutional provision these days. Art. is dedicated to him. 48 of the Constitution of the Russian Federation and many other legislative requirements, primarily those that are designed to guarantee those discussed above (see § 9 and 11 of Chapter. IV textbook) the right of citizens to judicial protection and the right of a suspect, accused and defendant to defense in criminal cases.

The legislator's attention to ensuring that everyone (citizen, foreigner, stateless person, individual or legal entity) is provided with qualified legal assistance is explained primarily by the widespread recognition of a relatively simple starting point: the realization of human and civil rights and freedoms is possible to the fullest when they defended with knowledge and skill.

Not everyone can carry out such an implementation on their own. It requires not only the ability to read legislation, but also the ability to understand and interpret it, skills to quickly find the act that is needed to resolve an issue, experience in dealing with law enforcement and other agencies, the ability to foresee the possible legal consequences of specific actions or actions, knowledge of the legal measures that should be taken in a timely manner in order to neutralize or eliminate in the future the undesirable consequences of such actions or actions, and much more. In short, to provide effective care you need specialist. This is what the mentioned constitutional provision means. “Everyone,” says Part 1 of Article 48 of the Constitution of the Russian Federation, “is guaranteed the right to receive qualified legal assistance. In cases provided for by law, legal assistance is provided free of charge.”

In terms of its content, legal assistance covers a wide range of actions: searching for the required normative act, explaining its content, assistance in drawing up an application or petition, other document, selecting arguments, identifying the body that can most effectively resolve the problem,

330 Chapter XVII

exercising representation in court or another body, conducting defense in a criminal case or defending the legitimate interests of a citizen brought to administrative responsibility, etc. As many years of experience show, this type of activity can be most effectively carried out primarily by an institution created specifically for these purposes - advocacy It accounts for the bulk of the work in this area. This can be evidenced by the fact that recently lawyers annually provide legal assistance to an average of approximately 8-10 million citizens, other individuals and organizations.

However, the Bar is not the only structure designed to assist in the implementation of rights and freedoms. A significant role in this matter was and is assigned to legal services operating in state and non-state organizations.

At the same time, many other organizations and individuals engaged in private entrepreneurship provide assistance to the implementation of rights and freedoms to one degree or another. These may include, for example: public and private notaries; firms specializing in the publication and sale of legal literature, dissemination of information about legal acts using, say, computer technology; public associations and production cooperatives; even private detectives helping citizens find legally valuable documents.

Taking into account the significance of the work being performed, its volume and content, attention below will accordingly be given primarily to the legal profession, other organizational forms of providing legal assistance and notaries.

§ 2. Advocacy

1. The concept and tasks of the legal profession. Under the bar acceptedunderstand an association of professional lawyers organized in a special way, the main function of which is to provide qualified legal assistance to everyone who needs it.

Nowadays, it is officially tasked with promoting the protection of the rights and legitimate interests of all individuals and legal entities, the administration of justice, the observance and strengthening of the rule of law, educating citizens in the spirit of accurate and unwavering execution of laws, respect for the rights, freedoms, honor and dignity of others.

The main directions of activity of the Bar are subordinated to the implementation of these tasks:

Providing consultations and clarifications on legal issues, oral and written information on current legislation;

§ 2. Bar 331

Representation in courts and other government bodies in civil and administrative cases;

Drawing up statements, complaints and other legal documents;

Participation of lawyers in criminal proceedings as defenders of suspects, accused and defendants, representatives of victims, civil plaintiffs, civil defendants;

Providing legal assistance to labor collectives. Consulting on the application of legislation

is an important area of work for lawyers. It most often consists of an explanation of the current civil, family, labor, administrative and criminal legislation. Advice on judicial matters plays a large role in this work.

Another area of activity for lawyers is providing legal services to organizations that do not have their own legal advisers. It is carried out on the basis of contracts with legal advice, which stipulate the obligations of the parties. A lawyer serving enterprises, institutions, all types of commercial structures, farms, etc., checks the legality of orders and other legal decisions issued by them, participates in the preparation of pre-contractual documents and contracts, conducts claims work and cases in courts, gives legal advice questions for administrative and management personnel, workers and employees, etc.

The participation of a lawyer in criminal proceedings is an important form of advocacy. Society is interested in ensuring that no citizen is prosecuted or convicted without sufficient grounds. The law, as noted above, provides for the right to defense for suspects and defendants accused of committing crimes. And it is largely implemented by lawyers, who are given quite wide opportunities for this. In particular, the criminal procedural legislation provides for a wide range of rights granted to the defense lawyer both during judicial proceedings (at the stages of proceedings and subsequent verification of the legality and validity of sentences passed in a particular case), and during the preliminary investigation or during an inquiry.

Rights of this kind are constantly being improved. For example, in May 1992, significant amendments were made to the Code of Criminal Procedure, according to which defense lawyers were allowed to participate in the case from the moment the suspect was detained, taken into custody or charged. At the same time, they can get acquainted with the detention protocol or the decision on choosing a preventive measure in the form of detention (arrest), have visits

332 Chapter XVII . Legal assistance and its organization

with the client without limiting their number and duration, to participate in his interrogations, etc. At the same time, the Code of Criminal Procedure included provisions on the right of a defense attorney to file complaints about the unlawfulness of the arrest of the person he is defending, or the extension of the period of such arrest.

In many cases defined in the Code of Criminal Procedure, a person brought to criminal liability must have a defense attorney. If for some reason this citizen or his relatives do not take the initiative to invite a lawyer, then he should be appointed at the suggestion of the investigator, prosecutor or judge. Such a lawyer enjoys the same rights as a lawyer invited by the accused or his relatives. His work must be paid from the state budget.

A lawyer participating in the consideration of criminal cases is obliged to use all means and methods of defense specified in the law in order to clarify the circumstances that justify the accused or mitigate his responsibility, and provide the accused with the necessary legal assistance.

When considering a criminal case, a lawyer can participate in the case as not only a defender of the accused, but also a representative of the interests of the victim, civil plaintiff, and civil defendant.

The lawyer also takes part in the proceedings of civil cases as a representative of the plaintiff, defendant and third parties.

2. Formation and evolution of the Russian legal profession. Appearance professional advocacy in Russia is associated with the judicial reform of 1864. Having received legislative recognition in judicial statutes, it became a new legal institution in Russia.

In pre-reform times, for several centuries, the role of lawyers was performed by private individuals - solicitors or petitioners in cases. Their functions were not regulated by law; no requirements were imposed on them (in the form of special education or others). As a rule, their responsibilities were limited to drawing up some documents (papers), submitting them, etc. And even the creation in 1832 of the institution of sworn attorneys, due to the class nature of their activities, could not guarantee all social strata of Russia the protection of their interests in court and other institutions.

According to the judicial statutes of 1864, persons called upon to perform legal functions were united into a special corporation - the class of sworn attorneys. Such corporations were characterized by internal self-government in the form of elected bodies (in some places councils of sworn attorneys were formed) and supervision of their activities by the judiciary and justice authorities. In addition to defense in criminal cases, the tasks of the bar included representing parties in civil proceedings and providing other legal assistance.

§ 2. Bar 333

technical assistance to the population, including free consultations for the poor.

Sworn attorneys could be persons who have reached the age of 25, have a higher legal education and five years of judicial practice as an official of the judicial department or an assistant to a sworn attorney. In some councils of sworn attorneys (for example, St. Petersburg), exams were held for candidates to test their practical preparedness.

At this time, the institution of assistant sworn attorneys gained some popularity. These included persons who received a legal education, but did not serve anywhere.

Councils of sworn attorneys acted as self-governing bodies for corporations of sworn attorneys (but not in all provinces). They consisted of chairmen, fellow chairmen and members of the council, whose positions were elected. Elections to the council were held separately for each position by a simple majority of votes. The Council was re-elected annually at a general meeting of sworn attorneys after the report of the previous composition.

The Council carried out its activities in various areas. He hired and dismissed sworn attorneys, carried out disciplinary practice, distributed “free” cases among sworn attorneys, settled various disputes between them, etc. He made his decisions by majority vote. The activities of the council were controlled by the relevant judicial chamber.

On June 6, 1874, a law was passed that established, along with the sworn legal profession, the institution of private attorneys. The basis for confirmation in the position of a private attorney and obtaining the right to participate in the proceedings of civil cases from magistrates and in general judicial regulations was the receipt of a special certificate issued by those courts in the district of which the private attorney carried out petitions in cases.

In this form, the institution of sworn and private advocacy existed until November 1917.

“Court Decree No. 1, abolishing the previously existing legal profession, allowed all “undefamed citizens of both sexes” enjoying civil rights as defense attorneys in criminal cases and attorneys in civil cases. However, the Decree did not create a special body designed to protect the rights of citizens.

Decree on Court No. 2 provided for the organization of collegiums of legal defenders under the Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies. To become a member of such a board, a recommendation from the local Council was required. Legal advocacy is carried out

334 Chapter XVII Legal assistance and its organization

took the form of public prosecution and public defense. The colleges were the same for public prosecutors and public defenders. In addition to the indicated prosecutors and defense attorneys, one prosecutor and one defense attorney from those present at the court hearing could take part in the judicial debate.

The improvement of legal proceedings has also changed the activities of legal defenders. Gradually, the functions of prosecution and defense are more clearly separated, the issue of wages for members of the panel of legal defenders is being regulated, and the possibility of uncontrolled defense in the courts is being narrowed and then eliminated.

The Regulations on the People's Court of November 30, 1918 established that in order to assist the court in the most complete clarification of all circumstances relating to the interests of the accused or the parties participating in the civil process, colleges of defenders, prosecutors and representatives of the parties should be established at the district and provincial executive committees of the Soviets in civil proceedings. Members of the board were considered officials, and their salaries were set in the amount of the salary paid to lay judges.

Despite a number of measures to improve the organization of the boards of legal defenders, the activities of the latter did not meet the requirements that were placed on them. Therefore, the Regulations on the People's Court of October 21, 1920 abolished the colleges of legal defenders and established a new form of judicial protection. Carrying out defense was considered a public duty for all citizens capable of fulfilling this duty. Citizens who could perform the duties of a defense attorney were included in the lists compiled in accordance with the Instructions on the organization of prosecution and defense at trial dated November 23, 1920. Persons involved as defense attorneys were released from their main work for the required period; they retained their wages for the duration of their participation in the process or were paid daily allowances from state funds in the amount of the minimum wage. If there was a shortage of defense attorneys from among these persons, the courts hired justice department consultants as such. This form of organization of defense existed until the judicial and legal reform of 1922-1924.

The Regulations on the Bar, approved on May 26, 1922, defined the Bar as a self-governing organization designed to provide legal assistance to the population. Collegiums of defense attorneys for criminal and civil cases were formed under the provincial departments of justice. Members of the boards of defenders of the first convocation were selected by the provincial departments of justice with their subsequent approval by the provincial executive committees. Subsequently, the right to admit new members was granted to the presidium of the college of defenders. The provincial executive committee had the right to challenge accepted new members of the board. Members of the defense panel did not have the right to hold positions in government agencies and enterprises,

§ 2. Bar 335

with the exception of persons holding public office by election, professors and teachers of legal sciences.

In addition to members of the defense panel, close relatives of the accused and victim, representatives of enterprises, institutions and the All-Russian Central Council of Trade Unions had the right to defend themselves in court.

After the adoption of the Constitution of the USSR in 1936, a new Regulation on the Bar was developed, approved by the Council of People's Commissars of the USSR on August 16, 1939. In accordance with this Regulation, bar associations were created within the territory, region, autonomous and union republic, where there was no regional (regional) division . Members of the bar could be persons: having a higher legal education; graduated from law schools with at least one year of practical work experience in judicial, prosecutorial and other justice bodies; not having a legal education, but having worked for at least three years in the same positions. Persons who graduated from law schools, but did not have practical experience in judicial, prosecutorial and other justice bodies, were admitted to the bar as trainees. The governing bodies of the collegium were: the general meeting of lawyers, the presidium of the regional, regional and republican bar associations and the audit commission. The lawyers carried out all the work in legal consultations. The general management of the bar associations was entrusted to the Union-Republican People's Commissariat of Justice of the USSR and its local bodies were endowed with very broad powers that allowed them to freely interfere in the affairs of the boards and command them.

The effectiveness of lawyers, especially in criminal cases, in the 30-40s. was reduced for a number of reasons. These include the negative attitude towards the participation of lawyers in criminal proceedings by judicial workers, heads of the People's Commissariat of Justice and other law enforcement agencies. A huge negative role was played by the resolutions of the USSR Central Executive Committee of December 1, 1934 and September 14, 1937, which established a special procedure for legal proceedings in cases of terrorist organizations and terrorist acts, counter-revolutionary sabotage and sabotage. The consideration of these cases in court was carried out in a simplified manner, in particular, without the participation of the prosecution and defense.

The Fundamentals of Legislation on the Judicial System of 1958 established that bar associations act to provide defense in court, as well as provide other legal assistance to citizens, enterprises, institutions and organizations. Bar associations are voluntary associations of persons engaged in legal practice and act on the basis of the Regulations approved by the Supreme Council of the Union Republic.

In pursuance of this act, all Union republics adopted their regulations on the legal profession. In the RSFSR, such a Regulation was approved by the Supreme Council of the RSFSR on June 25, 1962.

336 Chapter XVII . Legal assistance and its organization

In 1977, for the first time in the history of the Soviet legal profession, its legal status was enshrined in the Constitution of the USSR of 1977 (Article 161). In 1979, the Law “On the Bar in the USSR” was adopted. This Law regulated the organization and activities of the legal profession on a nationwide scale. Each union republic had its own regulations on the legal profession (in the RSFSR, the Regulations were approved on November 20, 1980).

Began in the second half of the 80s. Judicial reform did not bypass the legal profession. From the very beginning, the debate that had been going on for many years up to that point regarding the reorganization of this institution flared up again. One of the main objects of these debates was the question of further expanding the autonomy and independence of the legal profession from government bodies, primarily justice bodies and courts, as well as local executive bodies. New aspects have also emerged in the search for ways to improve the system of providing qualified legal assistance - these are quite active conversations about the need to end the monopoly of the legal profession, which supposedly negatively affects the quality of assistance provided and interferes with the formation of forms of legal services that meet the “demand of the times.”

In such an atmosphere, several draft laws were prepared, most of which completely ignored Russian realities. Some of them were so “super radical” that their adoption and attempt to impose them could lead to the complete collapse of the existing legal profession and, naturally, to leaving those who need qualified legal assistance without it.

In parallel with attempts to revise the legislation on the legal profession, there was a process of practical improvement of this institution, without introducing official legislative amendments. Perhaps the most significant results were that the bar associations finally achieved a waiver of the so-called limits on their number established by the justice authorities. There was also a rejection of the strict limitation of lawyers' fees for the services they provide and the possibility of concluding agreements with clients with a free determination of the amount of such fees, taking into account the complexity of the cases, the level of qualifications of the lawyer and other factors, was recognized. The Ministry of Justice of the Russian Federation and its local bodies have almost gradually transformed into institutions whose main task is to cooperate with bar associations, assist them in resolving organizational issues, establishing normal relationships with local government and self-government bodies, and resolving issues arising in connection with ongoing There is a very rapid process of formation of various types of commercial structures that are actively invading the sphere of providing legal assistance.

§ 2. Bar 337

3. Bar associations and their organization. According to the Regulations on the Bar in the RSFSR bar association- These are voluntary associations of persons engaged in advocacy. They are formed on a voluntary basis at the request of a group of founders consisting of persons with a higher legal education, or on the initiative of the relevant executive body. A proposal to form a bar association is sent to the Ministry of Justice of the Russian Federation, which, if it agrees with the proposal, submits it to the administration of the subject of the Federation for registration.

The principle of voluntariness in organizing the legal profession is inextricably linked with the collective form of its activities. Therefore, it is no coincidence that the bar association is defined as an association, since it was and is believed today that the historically developed collective form of activity of lawyers is the most convenient and democratic.

In the Russian Federation, associations of lawyers are built on a territorial principle. In the republics, republican bar associations are formed, in territories and regions - regional and regional bar associations, and in cases provided for by the Regulations on the Bar of the RSFSR - city bar associations (today they exist in Moscow and St. Petersburg).

Bar associations are not just voluntary associations of citizens of the Russian Federation, but associations of persons engaged in advocacy. The last instruction is due to the fact that not every person can practice law, but only a specialist with a legal education and relevant work experience.

A real manifestation of democracy in the construction of bar associations is self-government. Its essence lies in the fact that lawyers have the right to independently resolve all day-to-day issues related to the organization and activities of the boards. This is expressed in the presence of such governing bodies as general meetings (conferences) of members of the bar, presidiums and audit commissions.

Closely related to the self-government of bar associations is the independence of the legal profession from the court, prosecutor’s office, and investigative bodies, i.e. those bodies that lawyers encounter when carrying out professional functions - defending the accused or providing other legal assistance to citizens and organizations. The independence of the legal profession is ensured by self-government, which does not allow interference by the court, prosecutor's office, or investigative bodies in the internal affairs of bar associations; organization of bar associations on a territorial basis, and not at the courts; preventing the assignment of functions of state management of the legal profession to the court and the prosecutor's office.

338 Chapter XVII . Legal assistance and its organization

A further development of the democratic principles of building the legal profession was the creation in 1989 of the Union of Lawyers of the Russian Federation - a public organization that united on a voluntary basis lawyers working in all parts of the country, and set as its task, first of all, ensuring the independence of the legal profession, increasing its role in the system of law enforcement agencies , in strengthening the rule of law and protecting the rights of citizens (the All-Russian Federal Union of Lawyers was created in 1994).

The independence of the legal profession does not mean its complete isolation from government bodies. Currently, executive bodies of the constituent entities of the Russian Federation, including justice authorities, cooperate with bar associations (see § 5 Ch. XIV textbook), as well as local governments.

Bar associations are provided with their own funds, generated from amounts received for providing legal assistance. Part of these funds goes to pay for lawyers, and part (no more than 30% of the total amount) goes to the general needs of the board: to pay social insurance contributions, pay for vacations, pay for legal assistance provided to citizens free of charge, pay for interns, and maintain the staff. management of the board, as well as for other needs determined by the general meeting (conference) of the board members.

Bodies of the Bar Association are: general meeting, presidium of the bar association, audit commission. Legal consultations also perform organizational functions.

The general meeting of members of the Bar Association is its highest body. In a bar association with more than 300 members, a conference may be convened instead of a general meeting. The general meeting (conference) is convened at least once a year at the initiative of the presidium of the bar association, at the proposal of the Ministry of Justice of the Russian Federation or the republic or departments (departments) of justice, as well as at the request of at least one third of the composition of the bar.

The general meeting is considered valid if at least two thirds of the members of the board participate in it. A conference of members of the bar association is convened based on the standards of representation established by the presidium of the bar association, and is considered valid with the participation of at least two-thirds of the delegates elected by legal consultations. All issues are resolved by the general meeting (conference) by a majority vote of the lawyers participating in the voting.

The general meeting (conference) has broad powers and can resolve any issues related to the activities of the bar association. It elects the Presidium of the Bar Association and the Audit Commission to carry out day-to-day management and control over the activities of the Bar Association. Pos-

§ 2. Bar 339

After electing these bodies, the general meeting has the right to exercise control over their work. For this purpose, it hears and approves reports on the activities of the presidium of the bar association and the audit commission.

The general meeting (conference) also resolves other organizational and financial issues related to the activities of lawyers, establishes the number of staff, staff, estimates of income and expenses with subsequent approval by the executive bodies, determines the procedure for remuneration of lawyers, approves, in agreement with trade union bodies, internal labor rules , considers other issues related to the activities of the Bar Association.

The general meeting (conference) of members of the bar has the right to early recall members of the presidium and audit commission who do not justify the trust placed in them. The decision of the general meeting (conference) of members of the bar association can be revised only by the general meeting (conference) of the members of the bar.

The Presidium of the Bar Association is an executive body that constantly operates during the period between general meetings of lawyers. He is elected by the general meeting (conference) of members of the bar association by secret ballot for a period of three years in an amount determined by the general meeting depending on the number of members of the bar and the volume of work. Candidates who receive a majority of votes from lawyers participating in the voting are considered elected to the presidium. If one of its members leaves the presidium at the next general meeting (conference) of lawyers, by-elections may be held. Members of the presidium holding full-time positions receive salaries from the funds of the college and have the right to practice law.

By law, the chairman of the presidium must be elected by open vote at a meeting of the presidium from among its members. However, in some colleges they deviate from this rule: he is elected directly by the general meeting (conference) by secret ballot from among several candidates nominated by the meeting.

The Presidium is vested with broad powers necessary for it to manage the Bar Association. He convenes general meetings (conferences) of members of the Bar Association; organizes legal consultations in accordance with the established procedure and manages their activities; conducts inspections of the work of legal consultations and individual lawyers; appoints and dismisses heads of legal consultations; accepts trainees as members of the board and into its composition; organizes internships; assigns lawyers to legal consultations, resolves issues

340 Chapter XVII . Legal assistance and its organization

transferring them from one consultation to another, as well as expelling and expelling them from members of the board and the composition of interns; approves the staff and estimates of legal consultations; carries out activities to improve the qualifications of members of the board. The Presidium also decides other issues. Its activities are based on collective leadership, transparency, regular reporting to members of the Bar, and widespread involvement of lawyers in the work of the presidium. Under the presidium of the collegium, bodies acting on a voluntary basis may be formed to provide assistance to it.

The Presidium of the Bar Association holds its meetings in the presence of at least half of its members. He has the right to consider issues of admission to the board, expulsion and expulsion from it if at least two-thirds of the presidium is present at the meeting. Its decisions are made by majority vote. In case of equality of votes, consideration of the issue under discussion is transferred to the next meeting of the presidium with the summoning of its absent members. The resolution of the presidium of the bar association may be revised by the presidium itself or by the general meeting (conference) of members of the bar association.

The Audit Commission is the control and audit body of the Bar Association and is elected by the general meeting (conference) of members of the Bar Association by secret ballot for a period of three years in the number determined by the meeting. Candidates who receive a majority of the votes of the lawyers participating in the voting are considered elected. The audit commission of the bar association elects from among its members the chairman and deputy chairman of the audit commission by open vote. In the event of the resignation of one of its members from the audit commission at the next general meeting (conference), elections may be held in place of the member who retired in the prescribed manner.

The audit commission is entrusted with the responsibility of conducting audits of the financial and economic activities of the presidium of the bar association, legal consultations, as well as monitoring the procedure and timing of consideration of proposals, applications, and complaints.

Legal consultations are created by the presidiums of the boards to organize the work of lawyers to provide legal assistance in districts, cities, and sometimes in other localities. Currently, there are over 4 thousand legal advice centers operating in the country.

The location of the legal consultation and the number of lawyers working in it are determined by the presidium of the bar association in agreement with local government or self-government bodies.

Legal consultations are the main working element of the legal profession. Members of the bar association are part of any legal consultation and carry out their work there.

§ 2. Bar 341

Legal consultations are organized, like the entire bar association as a whole, on a territorial basis. As a general rule, there are several legal consultations operating in the territory of a region, region, or city. Their composition and location are determined by the presidium of the bar, taking into account the interests of more complete and rational service to the population and taking into account its number in a particular area. If the areas are small, then there may be one consultation for several areas. The number of legal consultations varies depending on their location. For example, in rural areas legal consultations can consist of 1, 2, 3 people, in large cities - 40-50 people.

The head of the legal consultation is the head, appointed by the presidium of the bar association from among the most qualified lawyers with a higher legal education and the necessary practical experience.

The head of the legal consultation office exercises the rights granted to him on the basis of a power of attorney issued by the presidium of the bar association. Managers of legal clinics, which employ no more than four lawyers, usually perform their duties without pay. By decision of the general meeting (conference) of members of the bar association, the head of a legal consultation office that employs more than four lawyers may set a salary, taking into account the volume of work performed and the number of lawyers, in an amount not exceeding the minimum salary of the corresponding district judge. The head of a legal consultation office has the right to practice law.

4. Lawyers, their rights and obligations. Significant improvements in the provision of legal assistance should be facilitated by improving the staffing of the legal profession. Unfortunately, although the bar associations have now abandoned artificial restrictions on admission to the bar, the number of lawyers operating in the Russian Federation is clearly insufficient (not much more than 20 thousand).

The procedure for admission to the Bar Association is determined by the legislation of the Russian Federation and is as follows. Citizens of the Russian Federation who have a higher legal education and work experience as a lawyer for at least two years are accepted as members of the Bar Association. Admission to membership of the board of these persons may be subject to completion of a probationary period of up to three months. Persons who have graduated from higher legal education institutions, who do not have work experience as a lawyer or who have such experience for less than two years, can be admitted to the bar after completing an internship at the bar for a period of six months to one year.

342 Chapter XVII . Legal assistance and its organization

Members of the Bar and trainees cannot be employed in state and public organizations. An exception may be made by the Presidium of the Bar Association for persons engaged in scientific and teaching activities, as well as for members of the Bar Association working in areas where the volume of legal work is insufficient.

Applications for admission to the bar are considered no later than one month from the moment they are received by the presidium of the bar, as a rule, in the presence of the person who submitted the application. A decision to refuse admission to the bar may be appealed to the court or executive authorities within a month from the date of its issuance.

Lawyers who left the bar for elective positions or were called up for compulsory military service, after finishing work in elective positions or leaving the Armed Forces for the reserve, are accepted at their request into the same bar.

The rights of members of the bar are broad enough to effectively provide defense in criminal cases and representation in civil cases, provide legal assistance to citizens, enterprises, organizations, and participate in the management of the legal profession.

As a member of a public self-governing organization, a lawyer has the right to: elect and be elected to the bodies of the Bar Association; raise questions regarding the activities of the bar before the bodies of the bar association; make proposals for improving its work and take part in their discussion; take personal part in all cases of discussion by the collegium bodies of his activities or behavior; resign from the Bar Association.

A lawyer, acting as a representative or defender, is authorized to: represent the rights and legitimate interests of persons seeking legal assistance in all state and public organizations whose competence includes resolving relevant issues; to request, through legal consultation, certificates, characteristics and other documents necessary in connection with the provision of legal assistance, from state and public organizations that are obliged to issue these documents or their copies in the prescribed manner. In addition to these rights, lawyers have, as noted above, broad powers in providing defense in criminal cases and representation in civil cases. The Regulations on the Bar in the RSFSR provide that a lawyer does not have the right to disclose information communicated to him by a client in connection with the provision of legal assistance. Accordingly, he cannot be questioned as a witness about the circumstances that became known to him in connection with the performance of his duties as a defense attorney or representative.

§ 2. Bar 343

Responsibilities of members of the Bar Association. Belonging to the Bar imposes on the person who is a member of it the obligation in his activities to strictly and strictly comply with the requirements of the current legislation, to use all means and methods provided by law to protect the rights and legitimate interests of citizens and organizations that have turned to him for legal assistance. A lawyer is obliged to conscientiously provide legal assistance, must be an example of moral purity and impeccable behavior, and constantly improve his business skills.

When providing defense in criminal cases, a lawyer is obliged to use all means and methods specified in the law in order to clarify the circumstances that justify the accused or mitigate his responsibility and provide the accused with the necessary legal assistance. In order to ensure the rights of the client, the legislator prohibited the lawyer from refusing to undertake the defense of the suspect, accused or defendant.

A lawyer, working on criminal and civil cases, must be objective and impartial. To comply with these conditions, the law establishes that a lawyer does not have the right to accept an order to provide legal assistance in cases where in this case he provides or has previously provided legal assistance to persons whose interests conflict with the interests of the person who has applied for the conduct of the case, or has participated in this case as a judge, prosecutor, investigator, person who conducted the inquiry, expert, specialist, translator, witness or attesting witness, as well as if an official with whom the lawyer has a family relationship takes part in the investigation or consideration of the case.

The work of a lawyer is organized in accordance with the internal labor regulations of the college. The lawyer enjoys the right to leave, state social insurance benefits and pensions. The assignment and payment of state social insurance benefits and state pension provision to lawyers are carried out on a general basis.

Incentive measures for lawyers and trainees and disciplinary sanctions. For exemplary performance of their duties and active social activities, lawyers and trainees are encouraged by the decision of the presidium of the collegium.

For violation of the requirements of the Regulations on the Bar in the RSFSR, legislative acts regulating the activities of the bar, as well as committing offenses discrediting the title of lawyer, lawyers and trainees may be subject to disciplinary liability.

Disciplinary measures imposed by the Presidium of the Bar Association are: reprimand, reprimand, severe reprimand, exclusion from members of the Bar and from trainees.

344 Chapter XVII Legal assistance and its organization

Disciplinary sanctions are applied by the presidium of the board immediately upon discovery of a misconduct, but no later than one month from the date of its discovery, not counting the time of illness of the lawyer or his stay on vacation. The penalty cannot be imposed later than six months from the date of commission of the offense. For each offense committed, only one disciplinary sanction can be imposed.

A case regarding disciplinary liability of a lawyer (trainee) can be initiated by a general meeting of members of the bar (conference), the presidium or the chairman of the presidium of the bar. The consideration of a case of disciplinary misconduct by a lawyer is preceded by a thorough examination of the grounds for bringing disciplinary liability.

The case of a disciplinary offense is considered by the presidium of the board in the presence of the lawyer (trainee) brought to justice. Repeated failure of a lawyer (trainee) to appear without good reason does not prevent the consideration of a disciplinary case. If there is evidence that a lawyer (trainee) has committed an offense for which he may be expelled from the bar, the presidium has the right to remove him from work until the issue is finally resolved.

The decision of the presidium of the bar association to impose a disciplinary sanction may be appealed to the general meeting (conference) of members of the bar association and to the court within one month from the date of delivery to the lawyer of a copy of the decision to impose a disciplinary sanction. When expelled from the bar as a disciplinary sanction, a complaint may be filed by the lawyer in court within one month from the date of delivery of a copy of the resolution of the presidium of the bar on the expulsion.

If within one year from the date of imposition of a disciplinary sanction the lawyer (trainee) does not commit a new offense, he is considered not to have been subject to disciplinary action. In cases where a lawyer (trainee) has proven his correction by conscientious attitude to the case and impeccable behavior, the presidium or general meeting (conference) of the bar association can lift the disciplinary sanction from him ahead of schedule. Early lifting of a disciplinary sanction can be carried out at the request of the chairman of the presidium, the head of the legal consultation or public consultation organizations.

Termination of membership in the bar association is carried out by expulsion or expulsion of the lawyer from the bar. Deduction carried out by the presidium of the bar association at the request of a lawyer; in case of unsatisfactory results of the internship; if it is discovered that the lawyer is unable to perform his duties due to insufficient qualifications or health reasons.

§ 3. Other organizational forms of providing legal assistance345

Exceptionfrom the collegium is carried out by the presidium of the collegium in the following cases: systematic violation by a lawyer of internal labor regulations or dishonest performance of official duties, if disciplinary measures have previously been applied to the lawyer; committing other offenses incompatible with being a member of the college.

Expulsion and expulsion from the bar may be appealed in court within one month from the date of delivery of a copy of the resolution of the presidium of the bar on expulsion or expulsion.

§ 3. Other organizational forms of providing legal assistance

Until recently, the main forms of organizing legal assistance were the bar and legal (legal advisory) services created in government agencies at various levels, in enterprises and in public associations.

But in connection with the development of market relations and private entrepreneurship, a significant increase in the need for qualified legal services, all kinds of commercial organizations, production cooperatives, and often simply enterprising people who do not want to join well-established bar associations are increasingly invading this area. They are restrained by the prospect of testing their professional knowledge when entering the bar, undergoing an internship under the guidance of experienced and knowledgeable specialists, the need for constant professional development, subordination to the rules of lawyer ethics and a certain discipline, and perhaps some other considerations. Experience has shown that not all of them are able to provide the necessary assistance at a sufficiently high level. In this field, you also come across people who have discredited themselves by immoral acts somewhere else - these could be former lawyers expelled from their colleges, former employees of internal affairs bodies, prosecutors, etc. Often such “specialists” are found in relevant commercial organizations.

The provision of legal services does not tolerate amateurism. In order to protect those who need legal assistance from random people who are more likely not to help, but to cause harm, the Government of the Russian Federation decided to approve, by its Resolution of April 15, 1995, the Regulations on licensing activities for the provision of paid legal services in the territory of the Russian Federation.

However, the Federal Law "On Licensing of Certain Types of Activities" from September 25 1998 (SZ RF, 1998, No. 39, Art. 4857)

346 Chapter XVII . Legal assistance and its organization

did not indicate paid legal services among the types of activities that must be licensed. In this regard, the said Decree of the Government of the Russian Federation was canceled (see Decree of May 20, 1999 No. 548 // SZ RF, 1999, No. 21, Art. 2637).

A peculiarity of the legal status of persons providing paid legal services is that when providing legal assistance in criminal cases do not fully enjoy the rights granted to lawyers who are members of the bar. In particular, they can participate in the proceedings in such cases only after the preliminary investigation has been completed and the case has gone to court. This provision was recognized as consistent with the Constitution of the Russian Federation in the Resolution of the Constitutional Court of the Russian Federation of January 28, 1997 (SZ RF, 1997, No. 7, Art. 871).

Due to the increased need for legal assistance and the increase in the number of cases considered in the courts, in recent years there has also been a tendency to form, in addition to the already existing “traditional” bar associations, new (often referred to as "alternative" or "parallel"). They are created according to the ideas of the heads of the administration of the regions of Russia, based on petitions initiated by groups of founders-lawyers who want to form a new college of lawyers. Such submissions are considered by the Ministry of Justice of the Russian Federation. With his support, the local administration registers the newly formed bar association. Such a board can undertake obligations to perform practically the same tasks that face “traditional” boards or some special ones - for example, servicing banks, commercial structures of a trading profile, etc.

In accordance with the current Regulations on the Bar of the RSFSR, the Ministry of Justice of the Russian Federation has already agreed to the creation of many “parallel”, “alternative”, various kinds of specialized and interterritorial bar associations. There are already about forty of them in total. In Moscow alone there are more than ten of them - the Moscow Legal Center, the Moscow Bar Association, the Chamber of Advocates, etc.

It is expected that the lawyers of these colleges should fully participate in the provision of legal assistance to citizens and organizations. In terms of their legal status and professional training, as well as their remuneration, they should not differ in any way from the lawyers of the main colleges. They, regardless of whether they are so-called specialized, must provide all types of legal assistance, including free and as prescribed by investigative bodies, the prosecutor's office and the court, as well as perform all other professional duties inherent in members of all bar associations, and use in full with the rights granted to lawyers by law.

§ 4. Notaries: functions, organization and management of its activities347

The bar associations operating in the Russian Federation are united into several legal communities. The main collegiums are united, as noted above, into the Federal Union of Lawyers of Russia, and the “parallel” collegiums are united into the Russian Bar Association and the Guild of Russian Lawyers.

§ 4. Notary office: functions, organization and management of its activities

Carrying out notarial acts is a type of activity that is very closely related to law enforcement activities in general and one of its functions - providing legal assistance. This is evidenced primarily by the goals and objectives set by law for this type of activity. As stated in Art. 1 Fundamentals of legislation on notaries 1, it is designed to ensure, in accordance with the Constitution of the Russian Federation and other legislation, “the protection of the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation.”

The great similarity of the work performed by a notary with law enforcement activities is also evidenced by the content of notarial actions, which are very numerous and varied. An almost complete list of them is given in Art. 35 Fundamentals of legislation on notaries. This is not only the usual certification of the accuracy of copies of documents and extracts from them, the authenticity of signatures on documents, but also much more: certification of transactions, issuance of certificates of ownership of a share in the common property of spouses, the imposition and lifting of a ban on the alienation of property, certification of the fact of the citizen’s location in a certain place or the fact of his being alive, providing evidence, making writs of execution, etc. All notarial actions are in one way or another related to the implementation of law enforcement functions and provide or may provide assistance to bodies performing functions of this kind. To a large extent, they also represent an important form of providing legal assistance to those who seek the services of a notary.

Nowadays, notaries are a heterogeneous phenomenon. It includes:

State notary offices;

Officials authorized to perform notarial acts;

Notaries engaged in private practice.

1 The term "notary" comes from the Latin word " notarius "cursive writer, scribe, stenographer, official, knowledgeable person.

348 Chapter XVII . Legal assistance and its organization

State notary offices are formed by the Ministry of Justice of the Russian Federation or on its instructions by local justice bodies, which make decisions in agreement with the local administration or local government institutions. All notaries (notaries and senior notaries) working in such offices are government employees and receive their salaries from budget funds. They, like employees of the judiciary, are assigned class ranks. They account for a significant part of the work associated with the performance of notarial acts.

Where there are no notaries, including those engaged in private practice, the performance of some notarial actions may be permitted to officials of executive authorities. As a rule, they are allowed to carry out simple notarial actions (certifying wills and powers of attorney, certifying the accuracy of copies of documents and extracts from them, taking measures to protect inherited property, etc.). Somewhat wider powers officials of Russian consular posts, located abroad.

The range of their rights is established by specially issued legislative acts, and the range of rights of officials of executive authorities in areas where there are no notaries - by the Instruction on the procedure for performing notarial acts, approved by the Ministry of Justice of the Russian Federation.

Since the entry into force of the Fundamentals of Legislation on Notaries (February 11, 1993), private notarial practice has been allowed and encouraged on the territory of the Russian Federation. This practice, as well as performing the functions of a notary working in a state notary office (state notary), can be carried out by all citizens of the Russian Federation who have a higher legal education, who have completed an internship for a period of at least one year in a state notary office or with a notary engaged in private practice, who have passed the qualification exam and have a license to act as a notary. In some circumstances, the internship period may be reduced to six months. The qualification exam is passed to a commission formed by the local justice authority. The decision of such a commission can be appealed to the Appeal Commission under the Ministry of Justice of the Russian Federation, and the decision of the latter - to the court.

Licenses are issued by local justice authorities after passing a qualification exam based on the decision of the qualification commission. A private notary begins to perform his duties after being appointed to the appropriate position by the justice authority. A notary appointed to the position for the first time takes the oath: “I solemnly swear that the duties of a notary

§ 4. Notaries: functions, organization and management of its activities349

I will perform in accordance with the law and conscience, keep professional secrets, and be guided in my behavior by the principles of humanity and respect for people."

The Fundamentals of Notary Legislation define the basic rights and responsibilities of notaries (the so-called public and private). They can perform all notarial acts that are allowed to them by current legislation, draw up draft transactions, statements and other documents, prepare copies of documents and extracts from them, and also give explanations on issues of performing notarial acts. They are also given the right to request from individuals and legal entities the information and documents necessary to perform notarial acts. The main responsibilities include providing assistance to persons who contact them in the exercise of their rights and protecting legitimate interests, explaining to them their rights and obligations, warning them about the consequences of notarial actions, so that legal ignorance cannot be used to the detriment of such persons. Notaries are also entrusted with the obligation to keep secret information that has become known to them in connection with the implementation of their professional activities, as well as the obligation to refuse to perform notarial acts that do not comply with the legislation and international agreements of the Russian Federation.

Notarial acts and other services are usually paid. In most cases, the amount of payment is determined by the legislation regulating the collection of state duties. The main such act is the Law of the Russian Federation “On State Duty” of December 9, 1991, which has undergone numerous amendments and additions (Law of the Russian Federation, 1996, No. 1, Art. 19; No. 35, Art. 4128; 1997, № 29, art. 3506; 1998, No. 30, art. 3613; 1999, No. 16, art. 1934). In some cases, it is possible for a notary to charge a fee for services in the amount determined by agreement between him and the person who contacted him. Funds received by a notary engaged in private practice, after paying taxes and other obligatory payments, become his property.

A notary engaged in private practice must be a member of the notary chamber - a professional association. Such associations, not engaged in commercial activities, are formed in republics, territories, regions, districts and the cities of Moscow and St. Petersburg. In accordance with the Fundamentals of the Chamber, they represent and protect the interests of notaries, promote the development of private notarial practice, organize internships for persons wishing to become notaries, and improve the qualifications of already working private notaries, and also perform some other functions.

Notary chambers are self-governing organizations. Their highest bodies are meetings of those engaged in private practice.

350 Chapter XVII . Legal assistance and its organization

tika of notaries, their assistants and trainees. Meetings approve statutes of the chambers and elect board And presidents, which act in accordance with the provisions of the statutes.

All chambers form an association called the Federal Chamber of Notaries. This is also a self-governing organization. Its highest body is the meeting of representatives of local chambers. At these meetings it is approved Charter of the Federal Chamber, are elected by her governing body And the president, performing current organizational work.

In accordance with Art. 30 Fundamentals The Federal Notary Chamber is entrusted with:

Coordination of the activities of notary chambers;

Representing the interests of notary chambers in government and administrative bodies, enterprises, institutions and organizations;

Ensuring the protection of social and professional rights of notaries engaged in private practice;

Participation in the examination of draft laws of the Russian Federation on issues related to notarial activities;

Providing advanced training for notaries, trainees and notary assistants;

Organization of insurance of notarial activities;

Representing the interests of notary chambers in international organizations.

It can also solve other tasks determined by its Charter.

Control over the activities of notaries is entrusted to the courts, justice authorities, notary chambers and tax authorities.

Courts consider complaints about refusal to perform notarial acts or their incorrect performance.

Judicial authorities supervise the performance of professional duties by notaries of state notary offices, and notary chambers supervise notaries engaged in private notarial practice.

Tax authorities check compliance by all notaries with tax legislation.

The management of justice bodies by notaries is manifested not only in monitoring the professional activities of state notaries. It includes the exercise of a significantly wider range of powers. These include:

Maintenance by the Ministry of Justice of the Russian Federation of the Register of state notary offices and notary offices engaged in private practice;

Determining the procedure for completing an internship for future notaries;

Resolving the issue of reducing the internship period;

Issuance of licenses for the right of notarial activity;

Determination of the procedure for issuing licenses (only the Ministry of Justice of the Russian Federation);

The formation of qualification commissions under judicial authorities that take exams for persons wishing to become notaries;

Formation on a parity basis with the Federal Notary Chamber of the Appeal Commission, which considers complaints against decisions of local qualification commissions;

Participation in the approval of regulations on qualification commissions and the Appeal Commission;

Opening and abolition of state notary offices;

Approval of the rules of notarial office work (Ministry of Justice of the Russian Federation together with the Federal Notary Chamber);

Monitoring the implementation of these rules (local justice authorities together with notary chambers);

Determining, together with notary chambers, the number of notary positions in a specific notarial district; the establishment and abolition of these positions;

Empowering notaries with powers on the recommendation of notary chambers;

Participation in determining the procedure for holding competitions for positions of notaries;

Determination and change of the territory of activity of notaries (local justice authorities together with notary chambers);

Appointment to positions of trainees or notary assistants;

Granting the powers of a notary to a person temporarily replacing him (local justice authorities together with notary chambers);

Determination of the procedure for performing notarial acts by officials of representative or executive authorities in areas where there are no notaries.

The judicial authorities, independently or jointly with notary chambers, have the right to exercise certain other powers to manage the notary public.

Constitution of the Russian Federation - Art. 45 and 48.

Regulations on the Bar of the RSFSR, approved by the Law of the RSFSR of November 20, 1980 - Art. 3-29 (BBC 1980, No. 48, Art. 1596).

12 - 721

352 Chapter XVII . Legal assistance and its organization

Federal Law "On Industrial Cooperation" of May 8, 1996 - Art. 1 and 2 (SZ RF, 1996, No. 20, Art. 2321).

Civil Procedure Code - art. 44, 46 and 47.

Code of Criminal Procedure - Art. 47-51, 426 and 427.

Fundamentals of the legislation of the Russian Federation on notaries, approved by the Supreme Council of the Russian Federation on February 11, 1993 - Art. 1-4, 7, 8, 12, 15, 16, 19, 24-26 and 29-31 (BBC, 1993, No. 10, Art. 357).

Regulations on the Ministry of Justice - sub. 34-41 and 55-60 clause 6 and sub. 11 and 12 paragraph 7.

Resolution of the Constitutional Court of the Russian Federation "In the case of verifying the constitutionality of part four of Article 47 of the Criminal Procedure Code of the RSFSR in connection with complaints from citizens B.V. Antipov, R.L. Gitis and S.V. Abramov" dated January 28, 1997 (SZ RF, 1997, No. 7, Art. 871).

Establishment of judicial institutions, approved by the Decree of the Government Senate of November 20, 1864 // Russian legislation X - XX centuries. Judicial reform. T. 8 / Ed. B.V. Vilensky. M., 1991.

Regulations on the Bar, approved by the All-Russian Central Executive Committee on May 26, 1922 (SU, 1922, No. 36, Art. 425).

Regulations on the Bar, approved by the Council of People's Commissars of the USSR on August 16, 1939 (SP USSR, 1939, No. 49, Art. 394).

Content
PREFACE 1
ChapterI. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§ 11. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers and foundations of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types, content, form and legal significance 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405