Respect for the Professional Rights of Lawyers as a Factor in a Democratic Society Development

Maria A. Stalnova
Year: 2021
DOI:
UDK: 347.965
Pages: 61-69
Language: russian
Section: LAW
Keywords: lawyer; legal profession, attorney-client privilege, democracy, rule of law, right to qualified legal assistance, right to a fair trial
Abstract
The principal goal of the interaction of states on the international scene is strengthening, development of democracy. The Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights set forth democratic principles. When we speak of democracy, we mean the respect and protection of human rights, the possibility of realizing human rights, creating the conditions for human development as individuals, and a dignified way of life. The road towards democracy has been full of achievements and problems. They have hindered the progression of a democratic society. One of the guarantees of respect and protection of human rights is the right to qualified legal assistance. It is lawyers who realize this assistance. Performing their professional duty, lawyers face several problems that occurred both in European states, and the Russian Federation. Objective: to analyze the role and place of the Bar in the state, the legal status of lawyers, to identify the current problems of the Bar related to the observance of professional rights of lawyers in interaction with the state. Methods: empirical methods of description, interpretation; analysis of theoretical sources and normative-legal sources; generalization, formal logic, specific scientific methods: legal-dogmatic, interpretation of legal norms. Results: the research allowed us to draw the following conclusions: despite the independence of the Bar from the state, this professional community realizes the public function of protecting the rights of citizens. The specific role of the Bar is noted by the European Court of Human Rights and the Constitutional Court of the Russian Federation. However, this role is currently not implemented to the full extent due to the shortcomings of legal regulation and the level of professional legal consciousness. To change the situation, we should raise the legal consciousness, both professional and mundane, to promote the idea of the rule of law.
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