Contemporary Problems of Social Work


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Problems of legal regulation of relations in the provision of legal services in the Russian federation and ways of their solution

Автор/Author: Ilyashenko K.V.

Аннотация/Annotation:
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Список литературы/References:

1. The decision of the constitutional Court of the Russian Federation dated 25.10.2001 No. 14-P «On the case about the verification of constitutionality of the provisions contained in articles 47 and 51 of the Criminal procedure code of the RSFSR and paragraph 15 of part two of article 16 of the Federal law «On detention of persons suspected and accused of committing crimes» in connection with complaints A. P. Besides, Century, Kislitsina and I. C. Moskvicheva» // Rossiyskaya Gazeta, No. 223, 14.11.2001.


2. Tretyakov V.P. Liabilities compensated providing of legal services: Diss. ... of candidate of legal Sciences. Tomsk, 2009. P. 61.


3. Romanets Y. B. System contracts in the civil law of Russia. M. 2001. pp. 409-410; Romanets Y. C. General description of contracts for the provision of legal services (Commission, Commission, Agency) // the Law. 2001. No. 4. P. 38.


4. Musukin D. C. Legal provision of the legal services market. Abstract. Diss... Kida. jorid. Sciences. Tomsk. 2007. P. 13.


5. Ozhegov S. I., Shvedova N. Y. Dictionary of the Russian language. M: «State publication of foreign and national dictionaries», 1952. P. 776.


6. Azrilian A. N. Legal dictionary. M: the new Economics Institute, 2014. P. 1141.


7. Gulyaev A. P., Rivkin, K. E., Sarakina O. C., Adushkin C. M. the Commentary to the Federal law «About lawyer activity and legal profession». M: Exam, 2004. P. 160.


8. Orlov A. V. Civil-legal regulation of relations in the sphere of legal services. Diss. ... of candidate of legal Sciences. M., 2009. P. 55.


9. Information letter of the Presidium of the Russian Federation from 29.09.1999 № 48 «On some issues of judicial practice arising from disputes related to contracts for the provision of legal services» // Bulletin of the SAC, No. 11, 1999.


10. Rossiyskaya Gazeta, No. 245, 27.10.2014.


11. Materials site: http:// www.pravo.ru/.


12. C. S. Kashkovskiy. Legal aid as a legal category and socio-legal phenomenon: theory and practice: dissertation ... of candidate of legal Sciences. Tambov, 2009. P. 125.


13. C. S. Kashkovskiy. The above work. P. 123.


14. A. I. Muranov Documents of the international Association of lawyers and the need to establish in Russian law qualification requirements for persons providing professional in Russia legal services. M., 2008. (The site materials: http://www.rospravo.ru/).


15. Tabak A. J. Advocate s monopoly required // the Moscow news, No. 030, dated 12 may 2011.;Bugaenko A. I. Theory, legal aspects and practice of providing free legal aid lawyers: author. dis. ... candles. jorid. Sciences. M., 2010. P. 19.


16. The decision of the constitutional Court of the Russian Federation dated 16.07.2004 No. 15-P «On the case about the verification of constitutionality of part 5 of article 59 of the Arbitration procedural code of the Russian Federation in connection with requests of the State Assembly – Kurultai of the Republic of Bashkortostan, the Governor of the Yaroslavl region, the Arbitration court of the Krasnoyarsk territory, the complaints of a number of organizations and citizens» // Rossiyskaya Gazeta, No. 158, 27.07.2004.


17. The decision of the constitutional Court of the Russian Federation from 23.12.1999 No. 18-P «On the case about the verification of constitutionality of certain provisions of articles 1, 2, 4 and 6 of the Federal law of January 4, 1999 «On tariffs of insurance contributions to the Pension Fund of the Russian Federation, social insurance Fund of the Russian Federation, State employment Fund of the Russian Federation and in the compulsory health insurance funds for 1999 and article 1 of the Federal act of 30 March 1999 «On introduction of amendments and addenda to Federal law «On tariffs of insurance contributions to the Pension Fund of the Russian Federation, social insurance Fund of the Russian Federation, State employment Fund of the Russian Federation and in the compulsory health insurance funds in 1998 in response to complaints from citizens, public organizations of disabled persons and vessels requests» // collected legislation of the Russian Federation, 17.01.2000, No. 3, P. 353.


18. Practice consideration of commercial disputes: the analysis and comments of the resolutions of the Plenum and reviews of the Presidium of the Supreme Arbitration Court of the Russian Federation / I. C. Reshetnikova, M. A. Rozhkov, D. C. Afanasiev and others; Ed. by L. A. Novoselova, M. A. Rozhkova. M: The Statute, 2011. Issue 15.


19. The decision of the constitutional Court of the Russian Federation dated 23 January 2007, № 1-P «On the case about the verification of constitutionality of the provisions of paragraph 1 of article 779 and paragraph 1 of article 781 of the Civil code of the Russian Federation in connection with complaints of limited liability company “Agency of corporate security and citizen centuries Makeeva» // Rossiyskaya Gazeta on February 2, 2007, № 2.


20. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 1999 N 48 «On some issues of judicial practice arising from disputes related to contracts for the provision of legal services» // Bulletin of the Supreme Arbitration Court of the Russian Federation, 1999, № 11.


21. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation from 29.09.1999 № 48 «On some issues of judicial practice arising from disputes related to contracts for the provision of legal services» (para. 2 p. 1) // Bulletin of the SAC. 1999. No. 11.


22. The contract as a means of legal regulation of relations in sphere of rendering of services: problems of theory and practice: monography -М.: VAKO, RSSU, 2015.


23. Iluhina G.I. Management analysis in industries: the Abstract of lectures and methodical complex / Under the editorship of. A.N. Maloletko. М.: RSUTSS: “Paleotip”, 2008.

Содержание статьи/Article:

The Constitution of the Russian Federation[1] states that everyone has the right to qualified legal assistance.


The Constitutional Court of the Russian Federation, in one of its judgments, noted that the right to qualified legal assistance ensures the implementation of the other rights in the Constitution of the Russian Federation of the rights and freedoms, in particular the protection of their rights by all means not prohibited by law (Art. 2 Art. 45) and to judicial protection (Art. 46), to be tried by the court on the basis of equality of the parties (Art. 3 of Art. 123), is in a relationship with them [1] and cannot be restricted under any circumstances.

Accessibility for people qualified legal assistance, strict observance of lawyers and notaries, other private lawyers in their professional activity rules of law and professional ethics, influence the formation of the legal culture and a positive type of legal consciousness and behavior of citizens - said in the Principles of State Policy of the Russian Federation in the field of legal literacy and legal awareness of citizens[2].


The most important forms of legal assistance are the legal services through which citizens implement various constitutional rights (for example the right to liberty and security, the right to freely use his abilities and property for entrepreneurial and not prohibited by the law of economic activity, the right to housing, the right to judicial protection of rights and freedoms, and others.).

As noted in his thesis research V.P. Tretyakova, the current judicial practice shows that legal services at least once in life, enjoys virtually every citizen, and the relevance of the study of the topic especially in recent times for legal practitioners obvious [2].


The importance of the legal regulation of legal services in the Russian Federation recognized today at the state level. In order to improve such regulation adopted the State Program «Justice»[3], which highlighted the need to improve the system of providing legal aid and legal regulation of legal services in order to increase the level of protection of public interests, the rights of citizens and organizations.

Attention to the topic is quite justified, because, as in other spheres of social life, sometimes determine the fate of a man (medicine, construction, food, transportation of passengers), unsettled, incompetence can harm both property and non-property interests of citizens.


Professionalism and responsibility in the delivery of legal services can literally save a man (his honor, dignity and business reputation), to defend his property interests. Irresponsibility and unsettled in this area may result in troubles for both the individual citizen and Russian society as a whole.

The authors investigated the regulations, judicial practice, doctrinal sources of the Russian Federation and some foreign countries, devoted to the legal regulation of legal services.


In the present study investigated issues: the concept of legal services; entities providing legal services in the Russian Federation; legislation governing the provision of legal services in the Russian Federation; contract for the provision of legal services; responsibility of the parties for non-performance or improper performance of obligations in the provision of legal services.

The hypothesis of the study: in spite of the dynamic development of the legal services market in Russia, and their demand for constitutional significance, there are problems in the field of legal regulation of legal services; promising element of the control system of this group of public relations is the licensing.

In this paper the author relies on the works of Russian scientists T.E. Abova, S.N. Baburin, E.M. Berlin, S.A. Bogolyubov, A.P. Vershinin, V.V. Vitryansky, A.P. Galoganova, L.Y. Grudtsyna, V.Z. Gushina, V.A. Egiazarov, O.S. Joffe, A.Y. Kabalkina, A.G. Calpin, N.M. Korshunova, M.V. Krotov, A.V. Orlov, A.S. Pleten, V.F. Papandopolo, B.I. Puginsky, A.P. Sergeev, L.B. Sitdikova, E.A. Sukhanov, D.V. Stepanov, S.A. Stepanov, V.P. Tretyakova, I.L. Trunov, L.V. Tumanova, A.K. Turkmenyan, R.R. Farutin, T.M. Shamba, A.E. Sherstobitova, G.F. Shershenevich, O.M. Shchukovskaya, V.F. Yakovlev and other.


Taking into account the considerable amount of research in this field, we note that it is not given exhaustive answers to some important questions, including: no definition of the legal services that reflects all its essential features, there is an ambiguity in the use of the terms «legal services» and «legitimate services», in our opinion, not entirely correct approach to how to regulate the activities of private lawyers and organizations, including foreign ones, in the provision of legal services, do not cease debate in the scientific community on the introduction of «lawyer monopoly» in Russia, ambiguous attitude of researchers to «success fee» does not solve the problem of the contract for the provision of legal services.

On these issues the author of the present study gives their answers, offers solutions to existing problems in the sphere of relations legal services in Russia.


Under the service, in the civil law of the Russian Federation is carried out by the contractor of certain actions or the exercise of certain activities on behalf of the customer.

With the development of market relations and the Russian economy as a whole, develops and expands the market of services, including legal. This service is in demand as business entities and citizens, not related to entrepreneurship.

Despite the importance of this kind of services for Russian society today, they have no legal regulation, there remain a number of open theoretical questions.

What is a «legal service»? The legal definition of this phenomenon in the legislation of the Russian Federation is not. The doctrine of the civil law there are several definitions of legal services, but, as seen, not one of them cannot be considered acceptable.


Y. C. Romanenko proposes understand the legal service «legally significant actions, i.e. actions that entail the occurrence, change or termination of rights and obligations» [3].


This concept, in our opinion, does not cover such legal services, whether oral or written legal advice, preparation and drafting of all legal documents, including petitions, complaints, motions and other D. C. Musukin offers the following definition: legal service is a set of actions specialist in the field of law, aimed at meeting the needs of the legal nature of client or indissoluble unity of such actions and their results [4]. This definition, in our opinion, suffers from a too general statement and is rather idealistic relatively modern Russian legal reality, as today legal services can assist any person who is not only not a specialist in the field of law, but with no legal education.


We propose the following definition of legal services: «this is a reimbursable activity (set of actions), the contractor carried out on the basis of a contract on the job and in favor of ukugaragara, to help meet their individual needs related to law and right, typically requiring special legal education».

It seems to be necessary to pay attention to the concept of « legal service ». This term is used in the doctrinal literature and judicial practice, along with the term «legal services», which implies that the legal existence apart from certain legal services. We believe that this assumption is not correct.

We believe it is acceptable to identify the concept of «law» and «legal» services, because, in fact, mean the same thing - providing knowledgeable in the field of law by a person (the contractor) of services to the customer. Moreover, semantically, the word «legal» is revealed through the concept of «legitimate» [5, 6]. This view is supported L. P. Gulyaev - he identifies legal services [7], A. C. eagles - definition, legal assistance, legal services at low or no cost [8].


The position of the researchers confirmed in a letter to the Ministry of justice of the Russian Federation of January 19, 1998 No. 09-27 «On licensing of in-house legal services»[4], in which the concept of «legal services» and «legal services» are used as synonyms.


Note that the all-Russian classifier of types of economic activity[5] also does not divide services in the field of the right to legal. It brings together in one group


«legal activities» activities such as: representation of the interests of one party against the other party in the courts, providing recommendations and advice on General matters, including the preparation of legal documents, the work of public notaries, patent attorneys.


From the foregoing it is clear that there are no grounds for the allocation of legal services separately from legal.


We believe that it is correct to use considering the terms as synonyms.

The Supreme Arbitration Court of the Russian Federation refers to legal services, in particular, written consultations and explanations on legal issues; draft contracts, applications, complaints and other legal documents, and so on [9]. Common type of legal services is the representation and protection of interests of legal entities and individuals in various judicial and non-judicial bodies.

The most important problem in the field of legal regulation of relations in the provision of legal services in Russia is the lack of activity of «free» lawyers and organizations providing legal services today. G. M. Reznik called the situation with the legal regulation in Russia legal aid in general, and legal services particularly shameful. «Those who advocate the community expels from their ranks, are established as entrepreneurs and continue to fool people head already without any threat of being prosecuted» [10] – says Henry Markovic.

Deputy Minister of justice of the Russian Federation Elena Borisenko, noted that


«the problem is that in Russia there is no regulation of the legal services market as a whole. Today man is not something that without a higher law, but even without secondary education may practice law» [11].


The consequence of the lack of proper legal regulation of relations in the provision of legal services in the Russian Federation is the situation when legal services can have anyone, not having the necessary experience, special education, and education in general.


In the current situation is a violation of the principles laid down not only in the Russian legislation and international legal acts, which are an integral part of the Russian legal system.


In the «Basic principles on the role of lawyers»[6] states that governments should provide adequate qualifications and training of lawyers and knowledge of their professional ideals and moral duties and human rights and fundamental freedoms recognized by national and international law.

As rightly said in her dissertation, V. S. Kachkovskiy, «Russia is constantly required the strengthening of the authority in the world. The current situation deregulation of the sphere of legal assistance testifies to the backwardness of Russian law and creates the impression of a very low role of law in Russia» [12].

Today many complaints about the level of qualifications of Russian lawyers in General and private practice lawyers in particular. Inefficient, unfair, in violation of the law of persons present in the bar, and private legal consulting. However, a lawyer can complain about his «superiors» in the Board which, if warranted, may raise the issue of deprivation of the status of the guilty lawyer at that time how to apply such sanctions to a private lawyer would not be possible.

In the judicial community «keeping order» qualification Board of judges, prosecutors and certification Commission and personnel, investigative agencies - the internal security service in the bar and certification Board, the notary - the chamber of notaries, patent attorneys - the Federal service for intellectual property.

Using interviews, examinations, testing, and other procedures in these structures, the question about the professional qualification of a lawyer.

In the sphere of private legal consulting control is missing, which contributes to the activities of unscrupulous, unqualified persons on the legal services market.

The need to settle the legal to provide legal services to persons not having the status of a lawyer admits, perhaps, all of the legal community. But there is no unity in the idea of how to do it.


We believe that given the current legal traditions of Russia and the practice of the Supreme judicial authorities of the Russian Federation, the optimal model regulation on the provision of legal services is the licensing of legal services, as an independent systematically carry out professional activity in order to prevent harm to the rights, lawful interests of citizens, the possibility of application of which is connected with the implementation of legal entities and individual entrepreneurs of the specified kind of activity.


In support of its proposal, we note that today in many sectors of the economy, public services and social sphere widely used regulation of admission to the profession. For example, without performing any special requirements it is impossible to provide the assistance and services of a medical nature, to carry out the engineering activity or audit, to be in public service, to engage in military science, to manage any form of transportation, to conduct educational activities, etc. Admission to the most demanding skill occupations is only possible subject to standard conditions: the availability of special education (always) experience/experience (for senior positions) and positive moral characteristics (for humanitarian professions) [13].


The licensing system will test the professional competence of lawyers willing to provide legal services, to control the market and the quality of legal services.

The threat of withdrawal of the license for illegal actions, first, is to discipline lawyers, and secondly, will be excluded from the legal community unscrupulous persons.

In this regard, we note that this study proposes to grant a license to a lawyer engaged in entrepreneurial activities in the provision of legal services and legal entity. This regulation will allow, first, to increase the level of responsibility of a lawyer for their actions, as in the case of bad faith licenses will be deprived of a specific person, and secondly, to regulate the market for legal services, because it will be able to enter only legal entities or individual entrepreneurs that meet certain requirements.

We think that citizens wishing to obtain a license for the provision of legal services must meet the following requirements:


- whether the citizen status of an individual entrepreneur;

- the presence of higher legal education received in the educational establishment of higher professional education with state accreditation;

- the presence of the license applicant has work experience in the legal profession for at least two years;


- submission by the applicant of the exam.

Legal persons are invited to submit the following requirements:

- specify in the founding documents that provide legal services is the main activity of the organization;


- the presence of the head or Deputy head of the legal entity or the head of structural division responsible for the provision of legal services, legal education received in the educational institution of higher professional education with state accreditation of work experience in the legal profession not less than two years, put in the prescribed manner the qualification examination;


- employees of organizations that directly provide legal services must have a higher legal education received in the educational establishment of higher professional education with state accreditation and work experience in the specialty for not less than one year, as well as a document certifying the qualification exam.


The actual problem today is the work of foreign specialists in the provision of legal services.

Individuals who have a foreign law degree, it is proposed to issue a license, confirming the right of its owner to provide legal services, law in the foreign state, which received the diploma and passed a qualifying exam in law of such state. Accordingly, foreign legal entities, for the provision of legal services by the Russian legislation should be in the state of citizen of the Russian Federation, earned a law degree at the institution of higher education accredited with work experience not less than two years and passed a qualifying exam.

A. I. Muranov rightly notes: «when all will know that deprivation professional status will need some way to earn a living, then immediately begin to take their duties more seriously» [14].


Consider proper to impose authority on licensing at the Ministry of justice of the Russian Federation.


The problem in the sphere of legal regulation of relations in the provision of legal services in Russia is the absence of specific regulations governing these activities. Today, legal services only partially find their regulation in the Civil code of the Russian Federation. In the mentioned legal act contains no special requirements for persons providing the services. From the text of article 779 of the Civil code of the Russian Federation regarding the characteristics of the entities providing services, we can highlight only the following: first, that services are provided personally by the contractor and, secondly, provides them to the customer.

While the relationship for the provision of legal services have no legal regulation, some other services deservedly devoted to entire Federal laws and regulations. Thus, activities in the provision of medical services is regulated by the Federal law «On the fundamentals of health protection of citizens in the Russian Federation»[7] and other normative legal acts, including The rules for provision of health care organizations paid medical services[8]; catering services regulated by the Rules of rendering of services of public catering[9]; transport of passengers is regulated by the Civil code of the Russian Federation[10] (Art. 786), by Rules of transportations of passengers and Luggage by road transport and urban land-electric vehicles[11] and other normative-legal acts;-forwarding activities dedicated to the Federal law «On transport-forwarding activity»[12]; maintenance and repair of vehicles regulated The rules of rendering of services (works) maintenance and repair of vehicles[13].

To solve the above problems, we propose to adopt a Federal law governing the provision of legal services in the Russian Federation, to develop and approve the regulation On licensing of activity on rendering of legal services, to amend the Federal law «On licensing separate types of activities»[14] , adding to paragraph 1 of article 12 of the aforementioned law sub clause 36.1 as follows: «the provision of legal services», to develop and adopt rules and standards for the provision of legal services, to develop and approve the code of ethics of the lawyer, the violation of the provisions which can result in loss of license for practicing lawyer and/or an organization which employs violated.


Today, there are increasing calls to introduce in Russia lawyer monopoly [15]. In our opinion, at the present stage of development of Russian law the creation in Russia of the advocates monopoly is unacceptable, there is no objective conditions, including legal.


Seems wrong to form a uniform Corporation lawyers, beyond which it is impossible to provide legal services and to call it advocacy. The creation of such a Corporation today is contrary to the Constitution of the Russian Federation, Federal law «About lawyer activity and legal profession» other normative legal acts of the Russian Federation, the traditions of the legal profession in Russia, the judicial practice of the Supreme judicial courts of the Russian Federation.

Guaranteed by the Constitution of the Russian Federation promoting competition, freedom of economic activity, recognition and equal protection of various forms of ownership, the right of everyone to freely use their abilities and property for entrepreneurial and other not prohibited by the law of economic activity, the right of everyone to freely use their abilities to work, to choose the type of activity and profession (article 8 and article 34; article 37, part 1) create a legal basis for the implementation of legal persons and physical persons - entrepreneurs of activity on rendering of legal services [16].


As noted in one of its decisions the constitutional Court of the Russian Federation, the activities of lawyers is not a business or any other not prohibited by law, in economic activity and not intended profit [17].

In accordance with the senior 779 of the civil code, the contract of compensated providing of services the contractor undertakes the task of the customer to provide services (to perform certain acts or to carry out certain activities), and customer shall pay for these services. It is in the plane of the payment of legal services is the next issue that will be considered.


To the client it is important to achieve a positive result - solve in the legal field. To demand from the contractor, the client may not, because the very nature of the contract of compensated providing of services implies the payment it is the actions of the contractor and not the result of such actions. How to «force» of the contractor to operate as efficiently as possible, the shortest way to go to the cherished goal, not to delay the solution to the problem? We cannot force, but can be stimulated. Such an incentive in the field of legal services is «success fee», which is commonly understood as remuneration, the payment or amount of which is dependent on the outcome of the case, i.e. due to the imposition of a positive solution for the client of the court [18] or other governmental authority.


On the one hand, this condition forces the lawyer to work as efficiently as possible on the result. On the other hand increases the risk of corruption and other unlawful methods of influence on the decision on the case. In the present litigation is the way of the prohibition of «success fee» that is reflected in the decision of the constitutional Court of the Russian Federation dated 23 January 2007, № 1-P «On the case about the verification of constitutionality of the provisions of paragraph 1 of article 779 and paragraph 1 of article 781 of the Civil code of the Russian Federation in connection with complaints of limited liability company «Agency of corporate security» and citizen centuries Makeev» [19] and Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 1999, № 48 «On some issues of judicial practice arising from disputes related to contracts for the provision of legal services» [20]. Today, the rule according to which is not subject to satisfaction of the requirement the contractor's legal services on payment of remuneration, if this requirement the plaintiff proves the condition of the contract, raising the fees for the services in reliance on the decision of the court or public authority, which will be adopted in the future.


No less urgent problem than the legal fees is a question of the relationships between the provision of legal services. In this regard, we note that the most important element in the regulation of relations on the provision of legal services is a contract for the provision of legal services. On this contract, the contractor undertakes the task of the customer to provide legal services to perform certain acts or to carry out certain activities), and the customer undertakes to pay for them.

The only essential condition of the contract on rendering of legal services is its subject.


Jurisprudence defines the subject of the contract on rendering of legal services through the activities of the lawyer in a particular case, inclines and jurisprudence: «the agreement for the provision of legal services can be considered as concluded, if it lists specific actions that must be made by the contractor, or contains a specific activity, which he is obliged to carry out ...» [21].

The selection of the subject matter of the contract on rendering of legal services as the only essential conditions specified in the contract, in our opinion, is the lack of proper legal regulation of contract for the provision of legal services. Faithful is a sign the Federal law «On advocacy and the advocacy»[15] that the essential terms of the agreement for the provision of legal assistance are:

1) the reference to a lawyer (lawyers), accepts (accept) the execution of the order as a solicitor (attorney) and its (their) belonging to legal education and law chamber;

2) the subject of the order;


3) the terms and amount of payment by the Trustee remuneration for the legal services or an indication that legal assistance is provided to the client free of charge in accordance with the Federal law «On free legal aid in the Russian Federation»[16];


4) the manner and amount of compensation lawyer (lawyers) related to execution of the instruction, except when legal assistance is provided to the client free of charge in accordance with the Federal law «On free legal aid in the Russian Federation»;

5) the size and nature responsibility of the lawyer (lawyers), accepts (accept) the execution of the order.


To date, the agreement for the provision of legal services is not regulated by Russian legislation as a unique phenomenon of civil rights. To apply the general rules of the Treaty and the provisions on the contract of compensated providing of services. The exception is the agreement on rendering legal assistance concluded between the lawyer and his client, which settled Art. 25 Federal law «About lawyer activity and legal profession».


It seems to be necessary as the essential conditions of contract for the provision of legal services to consider the identity of the contractor's legal services.

We believe that if the performer is a citizen, then he must indicate his / her surname, name, patronymic, passport data. Due to our proposals on licensing of legal services necessary to specify the details of the license, or even better attach to the contract a copy of it.


In cases where the contractor is a legal entity in the contract must contain, in addition to information about the location and the name, postal address (enterprises, institutions), the mode of its operation, and also specific; the contractor indicating the above-mentioned data for individuals, except for designated bases and places of registration, as in the case of violations of the client's claim seems to be correct, to give to the organization.

If the contractor is an individual entrepreneur, in addition to the information that must be specified individuals, is required for state registration as individual entrepreneurs, including you must specify the authority that registered the person as an individual entrepreneur and his legal address.


In this study provided a number of theoretical and practical problems that exist today in the provision of legal services, the proposed solutions.

In this paper the notion of legal services, established the identity of the terms «legal services» and «legitimate services» discussed the issue of lack of proper legal regulation of the activities of the «free» lawyers and organizations, including foreign ones, in the provision of legal services, paid attention to the lack of special legal acts, regulating the provision of legal services, the creation of «legal monopoly» in Russia, the Institute of «success fee», the issue of contract for the provision of legal services.


In this study, the proposed solutions to identified problems.

We believe that the implementation proposed by the author in this study proposals will raise the legal regulation of legal services in the Russian Federation to a qualitatively new level.



[1] The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) subject to the amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FKZ // Rossiyskaya Gazeta No. 237 dated 25 December 1993.


[2] Principles of state policy of the Russian Federation in the sphere of development of legal literacy and legal awareness of citizens appr. The President of the Russian Federation 28.04.2011 № PR-1168 // Rossiyskaya Gazeta, No. 151, 14.07.2011.


[3] The decree of the RF Government dated 04.04.2013 No. 517-R «On approval of the state program of the Russian Federation «Justice» // Collected legislation of the Russian Federation, 08.04.2013, No. 14, item 1743.


[4] Letter of the Ministry of justice of the Russian Federation 19.01.1998 No. 09-27 «On licensing of paid legal services» // Bulletin of the Ministry of justice of the Russian Federation, No. 1, 1998.


[5] OK 029-2014 (NACE Ed. 2). The all-Russian classifier of types of economic activity. Decl. By order of Rosstandart from 31.01.2014 No. 14-st.


[6] The basic principles on the role of lawyers, adopted by the eighth Congress of the United Nations on the prevention of crime and the treatment of offenders, Havana, 27 August to 7 September 1990.


[7] Federal law of 21.11.2011 No. 323-FZ «About the fundamentals of health protection of citizens in the Russian Federation» // Rossiyskaya Gazeta, No. 263, 23.11.2011.


[8] The decree of the RF Government dated 04.10.2012 No. 1006 «On approval of Rules for the provision of medical organizations of paid medical services» // Rossiyskaya Gazeta, No. 233, 10.10.2012.


[9] Resolution of the Government of the Russian Federation from 15.08.1997 No. 1036 «On approval of Rules of rendering of services of public catering» // collected legislation of the Russian Federation, 25.08.1997, No. 34, item 3980.


[10] Civil code of the Russian Federation (part two) from 26.01.1996 No. 14-FZ // collected legislation of the Russian Federation, 29.01.1996, No. 5, p 410.


[11] Regulation of the RF Government on 14.02.2009 No. 112 "On approval of Rules of transportation of passengers and Luggage by road transport and urban land-electric transport" // collected legislation of the Russian Federation, 02.03.2009, No. 9, item 1102.


[12] Federal law dated 30.06.2003 No. 87-FZ «On transport-forwarding activity» // Parlamentskaya Gazeta, No. 120, 03.07.2003.


[13]Resolution of the Government of the Russian Federation of 11.04.2001 No. 290 «On approval of Rules of rendering of services (works) maintenance and repair of motor vehicles» // Rossiyskaya Gazeta, No. 80-81, 25.04.2001.


[14] Federal law dated 04.05.2011 № 99-FZ «On licensing certain types of activities» // Rossiyskaya Gazeta, No. 97, 06.05.2011.


[15]Federal law dated 31.05.2002 No. 63-FZ (as amended on 02.07.2013) «About lawyer activity and legal profession in the Russian Federation» // Rossiyskaya Gazeta, No. 100, 05.06.2002.


[16] Federal law of 21.11.2011 No. 324-FZ «On free legal aid in the Russian Federation» // Rossiyskaya Gazeta, No. 263, 23.11.2011.

Ключевые слова/Tags1: legal services, legitimate services, regulation, legislation, «success fee», a right by law