The Bolshevik revolution had a devastating impact on the domestic legal profession. November 22, 1917 The Council of People's Commissars (CPC) issued a decree of the court, which entered the literature under the name "The decree of the court number one." The decree abolished the establishment of all general courts: district wards, district courts, the Government of the Senate with all departments, military and naval courts, commercial courts. Abolished and the institutions of judicial investigators, prosecutorial oversight and advocacy. Instead of the abolished courts created by local courts and revolutionary tribunals.
December 19, 1917 the People's Commissariat of Justice (NKYU) has issued special instructions revolutionary tribunal. Instructions, repeat the decree № 1 on the court that as prosecutors and defenders, who have the right to participate in, are allowed at the option of enjoying all the parties to the political right of citizens found that the Revolutionary Tribunals established by a panel of persons who dedicate themselves pravozastupnichestvu in the form of public prosecution and in the form of social protection, which is formed by the board called the free entry of all persons wishing to assist the revolutionary justice and submitting the recommendation of the Council of Workers', Soldiers' and Peasants' Deputies. The Guidance states that the composition of the board pravozastupnikov Revolutionary Tribunal may invite each case the public prosecutor and, if the defendant did not invite his counsel, such a revolutionary tribunal appointed from among members of the board. In this way. Regulations were introduced by the public prosecution and defense, general civil supplemented by prosecution and defense.
On board pravozastupnikov assigned duty to the public any legal advice and protection as serving tips, explanations and instructions, and drawing all kinds of petitions, complaints and other papers not only on the court, but also on administrative matters, as well as taking on the need to protect the interests in the trial in both criminal and civil cases. Indigent citizens of these services for free, and wealthy - for a fee at a rate established by the board and approved by the provincial executive committee.
A special section of the Regulations of the People's Court of the RSFSR of November 30, 1918 provided that the Board pravozastupnikov renamed the College of defenders, prosecutors and representatives of the parties in civil proceedings in the district and provincial executive committees. Board members elected by the Executive Committee of the Soviets and received the contents of the salary set for the national judges. As advocates and representatives of the parties admitted the next of kin of workers and solicitors of Soviet institutions. However, members of boards, consisting mostly of pre-Revolutionary lawyers did not meet the new government, which declared a class approach to justice. Lenin, characterizing advocacy of modern times, wrote: "... we destroyed in Russia, and rightly so, that was destroyed, the bourgeois lawyers, but it revives us under the guise of" Soviet "pravozastupnikov."
Go to Bar Russian Lenin's attitude is very negative, we can say with hostility, (still, he participated in all 3 processes, and all three lost), which is evident from his remarks in his "Letter E. Stasova and comrades in the Moscow prison "(from January 19, 1905) on the possibility of using lawyers to protect them. He wrote: "Lawyers must take a tight grip, and put in a state of siege, for that intellectuals are often paskudnichaet bastard. They declare in advance: If you son of a bitch, allow yourself to even slightest impropriety or political opportunism (talk about lack of development, the infidelity of socialism ...), I, the defendant, you tear off right there in public, call a scoundrel, saying that giving up this protection and so forth, and bring these threats into execution. Take only smart lawyers and other do not ... But it's better lawyers bo ¬ yatsya not believe them ... ".
In 1920 the People's Commissar of Justice of the RSFSR DI Kursk suggested that the protection was based on the principle of compulsory labor service. This was due to acute shortage of lawyers, mostly gone underground in the legal profession and legal advisers to institutions.
By the Statutes of the People's Court on October 21, 1920, Board of defenders and prosecutors have been abolished, the defense and prosecution are separated. As defenders of the judiciary began to attract individuals who can fulfill this duty. At these parties the executive committees of Soviets were specific lists. Institutions in which these persons comprised in the service, were obliged to request the court to release them from their work at the time of presentation in court as defense counsel. They were kept wages at work. With a lack of defense, as such, the use of consultants, consisting of the Department of Justice. Thus, from this time introduced social protection, supplemented by the job. IX Congress of Soviets, held in Moscow in late 1921, adopted, in particular, the resolution "On the New Economic Policy and Industry", which stated that "... the new relations created during the Revolution and on the basis of ongoing government economic policy should get reflected in the law and the protection of the courts ... Citizens and corporations that have entered into a contractual relationship with government agencies, should provide assurance that their rights will be guarded. " In order to get out of a deep socio-economic crisis, the Bolsheviks, under Lenin's New Economic Policy, were forced to develop an economy with elements of the market. And to protect the interests of entrepreneurs, ownership or use are passed on part of the nationalized industries, it was necessary, in particular, to restore the destroyed Institute and the Bar. During the Civil War the number of lawyers in Russia fell from 13 thousand in 1917 to 650 in 1921.
Almost two years (from October 1920 until mid 1922) the organization of special advocates in the country did not exist. The beginning of the judicial reform was initiated by the laws of the legal profession and prosecutors. The position on the bar was taken by the Central Executive Committee of the RSFSR, May 22, 1922 under this provision, members of the board of the defenders of the first approved by the Bureau of the provincial executive committee on the proposal of the provincial Department of Justice. Later Admission Bureau panel advocates in communicating this to the attention of the Presidium of the provincial executive committee, which granted the right to challenge the accepted new members of the board. Members of the board of the defenders were not allowed to hold positions in public institutions and enterprises, except for the elective offices and positions of the faculty of law schools.
Presidency College was elected to the provincial general meeting of the defenders. The Bureau should:
monitor and control the execution of the defenders of their duties;
impose penalties on its members;
dispose of the sums of money coming into the fund board;
free to appoint defense and protection of the going rate;
organize consultations to help people.
Remuneration for legal aid was made according to customers' property: for free, the going rate, according to the agreement.
Advocates have made deductions from their salary to the fund at the Presidium of the costs of the Presidium of the Board, the organization of legal advice, as well as to pay for the defenders of the board members for speaking to the destination. To protect the court, except lawyers, allowed close relatives of the accused or the victim, representatives of state institutions and enterprises, as well as representatives of trade unions. Other persons are allowed with special permission of the court handling the case. The newly established Institute of Public Advocacy is a voluntary organization. Lawyers, speaking in court as defense counsel in a criminal case or a representative of a party in a civil case, assisted by the plaintiff or defendant (on the side of which they were) to implement to protect their legitimate interests, and thus helped the court in carrying out their tasks of justice. Member of the board of the defenders could be just a citizen who enjoyed voting rights, had work experience in the judiciary in the position of not lower than the investigator at least two years, or passed the appropriate test in the Commission of the provincial court.
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