Abstract
The article deals with conceptual questions of the role and place that international standards of advocacy take in the system of sources of advocacy in Russia. The author, relying on the decisions of the Plenum of the Supreme Court of Russian Federation, points out the priority importance of international standards and rules in matters of legal regulation of legal proceedings. Considering a significant array of international documents adopted within the framework of international organizations, including the Council of Europe, the author singles out those containing international standards of advocacy. The study of Russian national legislation through the prism of international standards of advocacy makes it possible to conclude that, as a result of prolonged legal reforms, the main fundamental provisions of national legislation have been brought into line with the requirements of international standards, but work in this direction has not yet been over. As a result, the author points out the conceptual role of international treaties as sources of advocacy. The findings became the basis for further author’s research of international standards, as a legal basis for the regulation of advocacy to protect the rights and freedoms of indigenous peoples of the north in the development of oil and gas fields on their ancestral lands.
Highlights
The advocacy is traditionally referred to the field of public relations regulated by national law
The author comes to the conclusion that the norms of international standards of advocacy act as a kind of "catalyst" for the processes of legal regulation
The main source of law that determines the organization, principles and procedure for the advocacy in Russian Federation is undoubtedly, first of all, Russian legislation. Both the legislator and the law enforcement officers cannot fail to take into account a significant array of norms of principles and rules developed within the framework of cooperation between states in the international arena, enshrined both in two and multilateral agreements of Russian Federation, and in conventions, declarations and other documents containing generally recognized principles and norms of international law, which the 1993 Constitution defined as “an integral part of the legal system of Russian Federation.”
Summary
The advocacy is traditionally referred to the field of public relations regulated by national law. There is a kind of internationalization of legal regulation and unification of legal norms of different states. In this connection, in the doctrinal study of legal regulation of the advocacy, the issues of international legal regulation of these relations become relevant. The role of international treaties as sources of national law has taken place in various fundamental legal studies. The constitutional and legal norms of various states have been studied in detail for the implementation of international standards [2]. The role and place of international legal standards as regulators of relations in the field of advocacy remain poorly understood, episodic studies reveal only some aspects of the issue under study (Shakirov T.G.) or are an overview of existing documents (Kazanbaeva Z.R.). The author aims to study, in a first approximation, the role and place of international standards of advocacy in the system of legal regulation of the institution of advocacy, as well as to identify conceptual issues of their application in the regulation of legal relations
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