On the Issue of the Interaction of the Advocacy with the State in the Context of Maintaining Its Independence and Influence on Strengthening the Rule of Law

The purpose of the study. The purpose of this article is the author's desire, through an excursion into the history of the Russian advocacy and an analysis of the current legislation of the Russian Federation, to determine the ways of its interaction with the state in the context of maintaining the independence of the professional community of advocates and the impact of this interaction on strengthening the rule of law. Conclusions. In accordance with this goal, the author of the article concludes that the state has determined the special status of the Russian advocacy as one of the most significant institutions of civil society, recognizing the state significance of the functions performed by this institution - the function of professional control over the state on behalf of civil society and the function of professional protection of individual rights and freedoms, that the goals and objectives of the advocacy they are conditioned by the interests of civil society as a whole, as well as by the private interests of citizens and legal entities (principals). According to the author, the legal profession has never left indifferent representatives of the state authorities at various historical stages, who throughout the period before the Judicial Reform of 1864 and in the first years after the Great October Socialist Revolution sought to completely eradicate the lawyer corporation as unnecessary. The Soviet advocacy, which was subsequently created, was heavily dependent on party and state structures and had to fulfill the task of helping to strengthen the rule of law and the administration of justice. The article emphasizes that the advocacy has achieved the greatest independence in its entire history in the last 20 years, that assistance in strengthening the rule of law cannot be an immediate task of the modern Russian advocacy, since a lawyer, first of all, protects the private interest of his principal, for which he is obliged to defend his rights and legitimate interests, using all not prohibited by law means that the state itself is interested in the quality of legal assistance provided to citizens and organizations, that active, constructive interaction of the Institute of advocacy with the state has a positive effect on strengthening the rule of law, ensuring sustainable law and order in the Russian Federation. According to the author of the article, state control in the field of advocacy, despite the fact that it does not correlate with the principle of independence of this professional community, at the present stage is a necessary condition for its functioning as an institution of civil society, guaranteed by the state itself, that excessive freedom of advocacy may affect the quality of legal assistance provided by lawyers to clients, entail bureaucratization within the lawyer corporation itself and lead to violation of the rights of the lawyers themselves. At the same time, the regulation of the control and supervisory powers of the judicial authorities excludes their interference in the activities of the advocacy and diminishing its independence.

advocacy, state, state control, interaction, independence of the advocacy, strengthening of the rule of law, qualified legal assistance