Contradictions in the Federal Law "On Advocate Activities and Advocacy in the Russian Federation"

Abstract

The analysis of the provisions of the Federal Law of May 31, 2002 No. 63-FZ "On Advocate Activities and Advocacy in the Russian Federation" is presented. To eliminate internal contradictions and bring this Federal Law in compliance with other federal laws, it is proposed to make the following changes to it: to exclude paras. 3 and 4 of art. 1; to exclude the words "and also to occupy public posts of the Russian Federation, public posts of the constituent entities of the Russian Federation, posts of civil service and municipal posts" in para. 1 art. 2; to add the word "appointment" after the word "election" in pp 1 para. 1 art. 16. According to the author, the terms "government posts of the Russian Federation", "government posts of the constituent entities of the Russian Federation", "civil service posts" in the considered Federal Law do not fully comply with the federal legislation and the legislation of the constituent entities of the Russian Federation, as provided for by the federal civil service and government service in state power of the subjects of the Russian Federation. The statement "election to a state authority" does not take into account that, in addition to the legislative body of a subject of the Russian Federation, the bodies of state power of a subject of the Russian Federation are executive bodies. Citizens are appointed to these bodies.