THE FOCUS ON ACHIEVING THE RESULT AND THE NATURE OF ADVOCACY AS CRITERIA TO DISTINGUISH BETWEEN THE CONCEPTS OF «LEGAL AID» AND «LEGAL SERVICE»
The article examines the criteria for distinguishing between the concepts of «legal aid» and «legal service» (in the context of disclosing the essence of the legal nature of the professional assistance of a lawyer). The main attention is paid to the study of the peculiarities of the nature of the ac...
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| Format: | Article |
| Language: | Russian |
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North-Caucasus Federal University
2021-09-01
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| Series: | Гуманитарные и юридические исследования |
| Subjects: | |
| Online Access: | https://humanitieslaw.ncfu.ru/jour/article/view/851 |
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| Summary: | The article examines the criteria for distinguishing between the concepts of «legal aid» and «legal service» (in the context of disclosing the essence of the legal nature of the professional assistance of a lawyer). The main attention is paid to the study of the peculiarities of the nature of the activity in which professional legal assistance is implemented, as well as the essence of focus on achieving results as the main criteria for distinguishing the above concepts.To achieve this goal, the methods of scientific research characteristic of legal science were applied. The study was carried out using the dialectical method of cognition of legal reality, which made it possible to analyze various positions of scientists regarding the perception of the concepts of «legal aid» and «legal service», including for characterizing the essence of advocacy. The use of the systemic-structural method made it possible to determine the general structure of the work, which contributed to the proper disclosure of the research objectives. The method of systems analysis, which is one of the main methods of this work, provided an opportunity to achieve the goals and objectives of the study, and the synthesis method – to determine the criteria for distinguishing the above concepts and reveal their content.The position is argued according to which such criteria, in particular, include the focus on achieving the result (a lawyer, when providing legal assistance, can only foresee a certain result, but in no case has the ability to guarantee its occurrence) and the nature of the activity in which they are implemented (advocacy is an independent professional activity, which by its nature is not an entrepreneurial activity and lacks a commercial component). The conclusion is made about the possibility of differentiating the concepts of «legal aid» and «legal service» also by the subject of receipt and the subject of provision; the implementation mechanism and the scope of legal regulation. |
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| ISSN: | 2409-1030 |