The concept of professional judicial representation and the problem of modern legal education quality

I.M. Divin

Adygea State University, Maykop, 385016 Russia

E-mail: info@adyg.arbitr.ru

Received March 12, 2018

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DOI: 10.26907/2541-7738.2019.1.52-66

For citation: Divin I.M. The concept of professional judicial representation and the problem of modern legal education quality. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2019, vol. 161, no. 1, pp. 52–66. doi: 10.26907/2541-7738.2019.1.52-66. (In Russian)

Abstract

The problem of introducing the institute of professional judicial representation in line with special qualification requirements into commercial, civil, and administrative procedures has been considered. Based on the analysis of the legislation concerned with the problem under study, the role of professional judicial representation has been discussed. In addition, the problem of quality of modern legal education has been investigated. A great emphasis has been laid on finding an optimal combination of methods of education that will suit the needs of the democratic state and create a foundation for professional legal representation. Moreover, the potential of using moot courts and business games during the educational process has been studied. It has been proved that these forms of education contribute significantly to the educational process and enhance its pace, thereby allowing students to develop analytical thinking and vital skills of legal analysis. It has been noted that this mode of education enables students to act as judge, defendant, and complainant, i.e., they learn the trial and procedure from all sides.

Keywords: professional judicial representation, legal defense, competent legal counsel, legal education, quality of higher legal education

References

  1. Tarlo E.G. Problems of professional representation in court procedure of Russia. Extended Abstract of Doct. Leg. Sci. Diss., Moscow, 2005. 48 p. (In Russian)
  2. Chudinovskaya N.А. Institution of legislative representation in the modern civil process: Several aspects. Аrbitrazhnyi i Grazhdanskii Protsess, 2015, no. 10, pp. 17–22. (In Russian)
  3. Sрerstyuk V.M. The negation of negation in the arbitration commercial procedural legislation. Vestnik Gazhdanskogo Protsessa, 2014, no. 2, pp. 11–42. (In Russian)
  4. Tumanova L.V. Some problems of representation in civil procedure. Аrbitrazhnyi i Grazhdanskii Protsess, 2010, no. 3. Available at: http://justicemaker.ru/view-article.php?id=3&art=658. (In Russian)
  5. Ivakin V.N. Several issues of legal regulation of representation in administrative proceedings. Аdministrator Suda, 2017, no. 1, pp. 17–20. (In Russian)
  6. Yarkov V.V. Representation in administrative proceedings. In: Yarkov V.V. (Ed.) Аdministrativnoe Sudoproizvodstvo [Administrative Proceedings]. Moscow, Statut, 2016, pp. 105–111. (In Russian)
  7. Koryakin I.I. Problems of lawyer training. Аdministrativnoe Pravo i Protsess, 2012, no. 9, pp. 25–26. (In Russian)
  8. Dagel' P.S., Ovchinnikov N.I., Reznichenko I.M. Lawyer model. Pravovedenie, 1976, no. 4, pp. 82–89. (In Russian)
  9. Pulyaeva E.V. Quality assurance of legal education: Legal aspects. Zhurnal Rossiiskogo Prava, 2009, no. 11, pp. 69–77. (In Russian)
  10. Belykh V.S. Is modernization of legal education needed in Russia? Yuridicheskoe Obrazovanie i Nauka, 2013, no. 4, pp. 17–21. (In Russian)
  11. Mazaev D.V. Participation of employers in the system of higher legal education and in the training of lawyers. Zakon, 2016, no. 11. Available at: http://трудовые-договоры.рф/article/1556. (In Russian)
  12. Levitan K.M. Yuridicheskaya pedagogika [Legal Pedagogy]. Moscow, Norma, INFRA-M, 2016. 415 p. (In Russian)
  13. Vvedenskaya L.А., Pavlova L.G. Ritorika dlya yuristov [Rhetoric for Lawyers]. Rostov-on-Don, Feniks, 2008. 568 p. (In Russian)
  14. Khramtsov E.B. Psychological and pedagogical problems in the professional training of law. Vestnik Samarskogo Gosudarstvennogo Universiteta, 2010, no. 75, pp. 197–201. (In Russian)
  15. Verbitskaya Yu. Rules for writing a convincing and competent speech. EZh-Yurist, 2017, Jan. 18, no. 2. (In Russian)
  16. Kirakosyan M.B. The role of language in the professional activity of a lawyer. Filologicheskie Nauki. Voposy Teorii i Praktiki, 2014, no. 6, pt. 1, pp. 89–91. (In Russian)
  17. Vas'kovskii E.V. Kurs grazhdanskogo protsessa [Civil Procedure Course]. Moscow, Statut, 2016. 623 p. (In Russian)
  18. Egorov N.S. Soviet constitution and legal education. Vestnik Vysshei Shkoly, 1978, no. 12, pp. 4–15. (In Russian)
  19. Kir'yakova А.V., Lopanova А.P. Case technology as an axiological resource of training of future lawyers for crisis situations in the sphere of tourism. Sovremennye Problemy Nauki i Obrazovaniya, 2015, no. 2, pt. 1. Available at: https://www.science-education.ru/ru/article/view?id=19007.
  20. Verbitskii A.A. Aktivnoe obuchenie v vysshei shkole: kontekstnyi podkhod [Active Higher School Education: A Contextual Approach]. Moscow, Vyssh. Shk., 1991. 207 p. (In Russian)
  21. Subbotin V.N., Svistunov А.А. Development of legal education and science: Problems and prospects. Yuridicheskoe Obrazovanie i Nauka, 2008, no. 3, pp. 13–18. (In Russian)
  22. Tsaliev А.M. On improving the training of law students. Yuridicheskoe Obrazovanie i Nauka, 2014, no. 1, pp. 21–24.
  23. Matyusheva T.N. Improvement of quality of legal education in solution of problem of lawful state and civil society formation. Sovremennoe Pravo, 2015, no. 11, pp. 68–72. (In Russian)
  24. Momotov V.V. The market of judicial representation: From the experience of the continental and Anglo-Saxon legal traditions. Zhurnal Zarubezhnogo Zakonodatel'stva i Sravnitel'nogo Pravovedeniya, 2017, no. 4, pp. 43–51. (In Russian)
  25. Divin I.M. On the issue of the state legal policy of modern Russia in the field of administrative proceedings. Rossiiskaya Yustitsiya, 2016, no. 5, pp. 41–44. (In Russian)

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