Open AccessLawyer’s Remuneration in Russia and Kazakhstan in the Provision of Free Legal Assistance as the Embodiment of the International Standard for the Independence of Lawyers
Author(s) -
L. P. Kobets
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.104.7.148-153
Subject(s) - remuneration , independence (probability theory) , arrears , legislation , negotiation , payment , legislature , wage , law , point (geometry) , business , political science , accounting , law and economics , economics , finance , statistics , mathematics , geometry
The paper analyzes and compares the legislation of Russia and Kazakhstan, which establishes the size of the remuneration of attorneys for their intended purpose, the practice of their application from the point of view of the international standard for the independence of advocacy. It is concluded that the existing wage rates of lawyers in Russia are extremely low, are firm and not tied to a specific financial indicator. The situation is exactly the opposite in Kazakhstan; therefore, the author of the paper points out the need for introducing legislative changes similar to Kazakhstan in Russia, so that the lawyers’ remuneration is decent and increases regularly. The paper talks about the need to establish the payment for the negotiations time, gathering of evidence, preparation for procedural and other actions. According to the results of the study, the author concludes that the existing situation in Russia and Kazakhstan, including the multimillion arrears of the authorized bodies to lawyers, poses a serious threat to the independence of lawyers and gives rise to the phenomenon of “pocket lawyers”.