Analysis of the experience of regulating the legal status of advocate in the Federal Republic of Germany from the perspective of its possible use in the Russian Federation

Abstract

The article substantiates the need to use foreign experience in regulating an advocate’s status as an important source of resources for improving the legislation of the Russian Federation. The formation of advocacy is influenced by many factors: the level of legal awareness and legal culture in society, the political situation, the social structure of society, economic aspects, lawmaking, law and order, and many others. According to the author, it is very important that the state belongs to a certain legal family. The author believes that the legal advocate’s status has significant specifics in each country, and it is possible to better understand the goals and objectives of the Institute of advocacy and predict its development, including on the basis of research on the systems of advocacy in foreign countries. The article is attempt to conside a question about further improvement of the Institute of an advocate’s status in the present legal system of the Russian Federation taking into account the legislative experience of the Federal Republic of Germany.The author explores such aspects as: getting education by representatives of legal professions, admission to the profession of advocate; rights, duties and responsibilities of advocate, restrictions and prohibitions in the activity of advocate; ethical requirements for the practice of law, and trends in the development of the legal profession. Special attention is paid to identifying a progressive legislative approach. By the author formulated a number of proposals to improve legislation on the advocate’s status in Russian Federation.