The essential nature of the constitutional right to qualified legal assistance: theoretical legal and constitutional legal aspects

Дата публикации: 05.12.2020

The essential nature of the constitutional right to qualified legal assistance: theoretical legal and constitutional legal aspects

Lavitskaya M.I.
Аннотация: The article examines the essential nature of the constitutional right to qualified legal assistance in theoretical-legal and constitutional-legal aspects. The author comes to the conclusion that the right to qualified legal assistance and the right to free legal assistance are individual rights of the first generation belonging to a person and a citizen, having an objective nature and included in the legal status of a person. These rights act as a guarantee of the implementation and protection of other rights, but they cannot be exercised by individuals and legal entities on their own due to their specifics, therefore, the state pays increased attention to the subjects providing qualified legal assistance in their implementation on a reimbursable or gratuitous basis in the legal services market.
Ключевые слова: qualified legal assistance, subjective constitutional rights, free legal assistance, first generation rights, advocacy.
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