О недобросовестности лиц, оказывающих юридические услуги, в контексте современного состояния частно-правового и публично-правового регулирования

Abstract

The object of the study is private legal relations that develop in the process of concluding a civil law contract for the provision of legal services for a fee in the context of compliance with the norms and principles (basic principles) establishing the requirements for the exercise of civil rights; the state of public legal regulation of the legal services market. The purpose of the work is to substantiate the need for a fundamental change in the mechanism of state regulation and control of the provision of such services as a type of business activity through the adoption of relevant regulations, primarily a special federal law. The following tasks were set: based on an analysis of law enforcement and law enforcement practice of concluding and executing a contract for the provision of legal services for a fee, to identify the most common, typical civil offenses on the part of the executor of the contract at the stage of negotiations with the customer; establish negative consequences for the customer from such offenses; substantiate the thesis that they are the result of improper public legal regulation. The practical significance of the study lies in the possibility of using the author’s conclusions in law enforcement activities to identify facts of violation of the rights of customers-citizens and protect such rights, as well as in the development of proposals for the adoption of a special federal law. The methodological basis of the study was the dialectical method of cognition of socio-legal phenomena. In addition, general scientific methods (in particular, general logical methods of theoretical analysis), interdisciplinary methods (axiological, method of system analysis) and specialized methods of legal sciences (formal legal, method of technical and legal analysis, specification, interpretation) were used.