Table 3 - uploaded by Andrei Yakovlev
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We analyse the profession of criminal defence lawyers (“advocates”) in Russia to understand their potential for collective action in an imperfect institutional environment. In 2013, we conducted a survey of 372 advocates in 9 regions of Russia. The following two main hypotheses are tested: (1) lawyers with strong ethical values have a higher demand...
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... one of the purposes of the survey was to establish the differences between ALR members and non-members, minimal quotas of respondents in each group were established for each region, which provided an opportunity to conduct a com- parative analysis. As a result, as shown in Table 3, the proportion of advocates who are ALR members in our sample considerably exceeds the proportion of ALR members in the overall population of advocates in the relevant regions (40% compared with 3%) (Tables 2 and 3). ...
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Citations
... Despite the introduction of key elements of an independent judicial system in the early 1990s (Solomon & Foglesong, 2000), defense attorneys in criminal procedure are structurally weak due to a power balance in favor of the accusatorial party, and a more generally imperfect institutional environment (Bocharov & Moiseeva, 2017;Kazun & Yakovlev, 2017). In the face of a systemic problem of "accusatorial bias" (Solomon, 2015) resulting from the system of performance evaluation of law enforcement agents that punishes failure to convict (McCarthy, 2015;Paneyakh, 2014), defense 2 This article uses the term "human rights defense" as a translation for "pravozashchita," meaning literally "rights defense." ...
How and to what extent do defense actors use publicity in trials of protesters in contemporary Russia? Why do they fight over strategic uses of publicity if “everything is decided in advance”? Drawing on original ethnographic research, this article finds, first, that publicity accompanies legal resistance to politicized prosecutions and is inventively used by the defense. Second, mobilization of publicity creates opportunities for the defense to bargain with and keep the prosecution in check. Third, the relationship between publicity and legal resistance in repressive settings is ambiguous. Some human rights lawyers embrace publicity and others avoid it. I argue that this divergence should be interpreted in relation to lawyers' embeddedness in different professional ecologies. At the same time, lawyers' publicity strategies are altered by the interactional dimension of the trial. The latter manifests itself on two levels: at the micro‐level of a courtroom and in the public sphere where different publics engage in debates that interfere with lawyers' defense strategies. This paper has broader implications for the analysis of defensive legal mobilization in dual legal systems beyond the Russian case.
... These findings on journalists under authoritarianism resonate with the literature on other professions' agency, which is linked to their motivation for the rejection of authoritarian control and collective action. For example, studies on lawyers suggest that professional ethics and encountering the violation of rights might foster mobilization against an authoritarian regime (Kazun & Yakovlev, 2017). On the other hand, lawyers rely on state structures to a higher degree than journalists, who might also be more mobile. ...
On the example of Ukraine during the Yanukovich presidency (2010–2014) this article explores which factors support journalists’ agency in relation to censorship pressure in a competitive authoritarian regime. It shows that a critical mass of journalists existed who reacted to censorship pressure with rejection. Based, first of all, on 31 semi-structured interviews, we examine the working conditions of prominent national journalists and analyse how they describe their role and motivations. We argue that the nature of competitive authoritarianism offers journalists opportunities for critical reporting, but that it is individual characteristics of journalists—including professional ethics, networks, and job mobility—which define whether and how the respective opportunities are used.
... Вместе с тем нельзя сказать, что «профессиональный проект» российской адво катуры завершен и достиг успеха [Kazun, Yakovlev, 2017]. Среди ключевых причин незавершенности можно отметить следующие: -высокий уровень зависимости рядовых адвокатов от вознаграждения за ра боту «по назначению», то есть от защиты граждан, за которых платит государство [Казун, 2015]; -высокий уровень гетерогенности профессионального сообщества (в части дохода, квалификации, профессиональных ценностей (см. ...
Российские СМИ нередко освещают судебные дела, те или иные обстоятельства которых могут представлять общественную значимость. В ряде случаев такое внимание возникает неслучайно и является частью тактики одной из сторон процесса. В статье на материалах экспертных интервью с адвокатами и судебными журналистами рассматриваются факторы использования публичности как тактики защиты на судебном процессе. Показано, что мотивы и возможности привлечения внимания публики через СМИ могут существенно различаться в зависимости от обстоятельств дела, а цели подзащитного, адвоката и журналиста не во всех случаях совпадают. В ситуации несовпадения целей наиболее ярко проявляются профессионализм и этические ценности участников процесса. Ввиду высокой гетерогенности как юридического, так и журналистского сообщества на практике встречаются и профессиональные, и эгоистические мотивы повышения уровня публичности судебного процесса. Кроме того, сам статус тактики привлечения внимания СМИ в адвокатском сообществе остается противоречивым ввиду неопределенного уровня ее эффективности и непредсказуемости последствий. Тем не менее анализ показывает, что все участники судебного процесса по меньшей мере принимают во внимание наличие общественного резонанса, а также используют конкретные тактики и стратегии для управления этим фактором.
Благодарность. Автор выражает признательность за ценные комментарии о проекте исследования Элле Панеях, Алексею Титкову, Ольге Зевелёвой и Виктору Вахштайну. Исследование было бы невозможно без журналистов и адвокатов, любезно согласившихся дать интервью для данного проекта.
... As studies of attorneys show [51], their community is very heterogeneous in terms of work experience and professional ethics. Thus, the same status unites both relatively honest attorneys and those who focus mainly on personal gains and are ready to partake in corrupt deals. ...
In non-democracies, lawyers face various constraints ranging from the absence of acquittals or violations of their clients’ rights to threats and criminal proceedings against them. Yet, we know little about the working conditions of attorneys’ in authoritarian regimes, and what influences their desire to remain in the profession. Using a survey of attorneys in Russia, our study demonstrates which factors impact the desire to stay in the profession and how self-legitimacy influences these choices. We find that the frequency of violations of their clients’ rights by law enforcement agencies undermines self-legitimacy of attorneys. In turn, this increases the attorneys’ willingness to leave the profession, which is mitigated by two factors. First, attorneys with closer contacts with their colleagues in the regional bar associations are less willing to leave the bar for other career options. Second, when such associations actively exclude their members for violations of professional ethics, bona fide attorneys are more willing to stay. Lastly, we find that the expressed desire of leaving the profession transforms into actual voluntary leave in the following year. These findings have important implications, as attorneys do not only defend their clients but can also influence the political regime, either through the mobilisation of law or engaging into collective actions with their colleagues.
... there are developed normative criteria to assess their quality (national standards; technical regulations; quality certificates; commonly applicable requirements for goods and works of the corresponding type; suitability for use established by a contract or the normal use of a product, the result of work of this type within a reasonable time). (Nakushnova, 2013, p. 47) It is possible to agree with the opinion of researchers justifying the need to develop common criteria for the assessment of the quality of legal services (Gorovenko, 2012;Melnichenko, 2013;Voronov, 2008), but now it is not clear what status should these criteria have: the status of state fixed coordinates, or accepted by professional associations (Kazun & Yakovlev, 2017). It is obvious only that https: //doi.org/10.15405/epsbs.2020.10.05.449 ...
... 3) What conditions should be met for individual initiatives to enter into collective action? In our analysis, we rely on the data and experience of previous studies of the legal community in Russia [28] and analyse open sources, laws and various examples of collective action. We also compare these processes with events in other developing countries. ...
... The collapse of the USSR as the first exogenous shock During the Soviet period, criminal defence lawyers (Badvokaty,^hereafter referred to as criminal defence lawyers or advocates 1 ) were a small, closed and exclusive professional group, but after the collapse of the Soviet Union, this profession became much more common [28]. ...
... Compared to other law enforcement bodies (courts, the Investigative Committee, prosecution authorities, the Interior Ministry), criminal defence lawyers occupy a weaker position and have fewer financial resources and few opportunities to control professional standards [28]. Although the reforms of 2002-2003 have strengthened the position of criminal defence lawyers and their organisation (partly due to the RFCL's ability to collect and accumulate some of the contributions from bar association members in a single budget, i.e., due to the emergence of a new source of rent), they did not go much further. ...
To illustrate the role of organizations of lawyers in social changes we analyze the process of transforming legal and socio-political institutions in Russia over the past 30 years. We combine the theory of legal mobilization with the concept of violence and social orders proposed by North, Wallis and Weingast to describe the general logic of this process. Russian case shows that exogenous shocks stimulate collective action of criminal defence lawyers which, in turn, compel the government to respond. The state can promote the passivity of the legal community and stop legal mobilization by providing certain preferences for the profession. Even though in the 2000s, Russia took the path of destroying legal institutions, legal profession in certain circumstances could again act as an agent of social change. We conclude that the efficiency of collective action depends on the institutional capacity of legal association and on the position of the professional elite standing at its head.
Vladimir Putin’s personal popularity creates the base for sociopolitical stability of regime. However, in the long term, the aspirations of Russia’s elite for national sovereignty will come to naught without anew economic development model. Applying the “limited access orders” framework of North, Wallis, and Weingast, this essay analyzes the interactions among three key groups in the ruling elite#x20; the top federal bureaucracy, politically connected big business (oligarchs), and heads of security forces (siloviki). It considers the evolution of rent sources in Russia during the last 25 years and the incentives of elite groups. Itargues that under dominance of siloviki after 2012, the ruling coalition could not negotiate anew agreement on rent distribution, nor could it broaden access to economic opportunities and political activity for new social groups. Russia’s ruling elite missed the opportunity to avoid adeep shock that will likely destroy the existing “limited access order”.
The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.
The article analyzes from the perspective of the theory of juridical field the process of institutional professionalization of advocates in post-Soviet Russia. The author makes a conclusion that the emergence of new institutional and individual actors of the juridical field fascilitated the formation of various interests and approaches to delivery of juridical services. In spite of the formation in the early 2000s of a single organizational structure of the advocates’ community this community remains divided and stratified. In some aspects of their activities the advocates try to defend their professional autonomy. Nevertheless, in the situation of internal conflicts the Soviet-style model of interaction between the Bar and the state is actualized. Juridical professionalization of organizations defending the rights of vulnerable groups is regarded as structured by unequal access to material and symbolic resources. Special attention is devoted by the author to formation in such organizations of an alternative form of professionalization of human rights lawyers with the potential to change their juridical habitus and create a specific identity that combines elements of human rights activism and legal professionalism.
