• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Qualified legal assistance to business entities

Student: Ignat`eva Anastasiya

Supervisor: Lev Bardin

Faculty: Faculty of Law

Educational Programme: Lawyer in Public Justice (Master)

Final Grade: 10

Year of Graduation: 2024

With the transition to market economy in the 1990s, a system of providing qualified legal assistance to business entities by lawyers was formed, which is expressed in drafting procedural and other documents, advising on legal issues, as well as in defending the interests of clients in court proceedings. The advantages of the legal assistance of lawyers are attorney-client privilege, specialisation of the lawyer on a certain range of issues, as well as the fact that the latter is not bound by official relations with the client. A lawyer's monopoly in criminal proceedings is appropriate, while in other types of proceedings the introduction of a monopoly seems premature. The right to receive qualified legal assistance in criminal proceedings arises from the moment the person is actually subjected to criminal proceedings, and not from the moment the person obtains the procedural status of an accused person. At the trial stage, as well as during the execution and appeal against a court judgement, the role of a lawyer is to realise the rights of the defendant by filing motions, participating in expert examinations, challenging judges, reclassifying the offence, changing the sentence imposed and otherwise improving the situation of the convicted person. In proceedings on cases of administrative offences, a lawyer shall ensure the correct qualification of the offence, identify grounds precluding proceedings on the case, mitigate the punishment imposed or achieve requalification when appealing against the ruling. The advocate's powers are identical to those granted to him or her in criminal proceedings. The right to participate in the proceedings is also certified by presenting an advocate's warrant.

Full text (added May 17, 2024)

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses