Open AccessHistorical and Legal Analysis of the Development of the Institute of Defence Attorneys in Russia
Author(s) -
Olga Biryukova,
Irina Bondarenko,
Олег Винниченко
Publication year - 2021
Publication title -
vestnik kemerovskogo gosudarstvennogo universiteta. seriâ: gumanitarnye i obŝestvennye nauki
Language(s) - English
Resource type - Journals
eISSN - 2541-9145
pISSN - 2542-1840
DOI - 10.21603/2542-1840-2020-4-4-346-352
Subject(s) - law , statute , political science , normative , legal science , legislation , legal profession , terminology , legal opinion , legal research , comparative law , black letter law , philosophy , private law , linguistics
This research featured the origin, formation, and development of the institute of defence attorneys in Russia. The methodology was based on the classical principles of historicism and objectivity. Comparative-historical and chronological methods made it possible to reproduce a retrospective analysis of the development of the Institute of defence attorneys. The formal-legal method helped to clarify its legal basis. The authors studied normative legal acts and monuments of law, as well as scientific publications, monographs, and dissertations related to the history of the Bar in Russia. The institute of defence attorneys proved to have a long history, from the first legal representatives of the XV century to the first Russian Bar in the second half of the XIX century, the Soviet Bar, and the contemporary Bar. At each stage, the Russian Bar had its own specific features. For instance, the term "lawyer" was not used in the pre-revolutionary period. The Judicial Statutes of 1864 included the term "sworn attorney". During the Soviet period, lawyers were called "defenders". Their function was quite formal: to represent the general principles of Soviet legislation rather than to defend the interests of the client. The contemporary law on legal practice and defence defines the terminology and regulates the legal status of an attorney. The paper also introduces an analysis of the forms of Bars in Russia and their main functions. The Institute of defence attorneys provides qualified legal assistance to the population, which makes the review quite relevant.