贫困被告代理的制度决定因素:来自俄罗斯的证据

IF 0.5 4区社会学 Q3 LAW

Review of Central and East European Law Pub Date : 2021-05-27 DOI:10.1163/15730352-BJA10035

A. Kazun

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引用次数: 0

摘要

在缺乏发达的专业社区和发达的法治机构的国家，提供免费法律援助的律师的动机鲜为人知。基于对俄罗斯35个地区的3317名刑事辩护律师(辩护律师)的调查，我们分析了提供两种类型的免费法律服务:“预约”参与法律诉讼(po naznacheniyu)和提供无偿法律援助。我们表明，预约工作通常涉及社会资本较低且缺乏固定客户的律师。相反，无偿法律援助是由律师组织鼓励的。它通常由具有高水平社会资本和价值观的专业人士提供，旨在保持良好的专业声誉。我们的结论是，提供免费法律服务最好由专业团体而不是由政府来推动。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Institutional Determinants for Representation of Indigent Defendants: Evidence from Russia

Little is known about the motives of lawyers who provide free legal assistance in countries that lack both a developed professional community and developed institutions related to the rule of law. Based on a survey of 3,317 criminal defense lawyers (advokaty) in 35 regions of Russia, we analyze the provision of two types of free legal services: participation in legal proceedings “on appointment” (po naznacheniyu) and the provision of pro bono legal assistance. We show that work on appointment usually involves lawyers with low social capital and a lack of regular clients. In contrast, pro bono legal assistance is encouraged by lawyers’ organizations. It is typically provided by professionals with a high level of social capital and with values aimed at maintaining an excellent professional reputation. We conclude that the provision of free legal services might best be stimulated within the professional community rather than by the government.

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来源期刊

Review of Central and East European Law LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.