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Inshakova A.O. Qualified Legal Assistance in Preventing and Resolving Conflicts: Pre-trial and Procedural Methods

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.1 

Agnessa O. Inshakova, Doctor of Sciences (Jurisprudence), Professor, Head of Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of Russian Academy of Sciences, Prosp.Universitetsky, 100, 400062 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. https://orcid.org/0000-0001-8255-8160


Annotation. The Chief Editor’s note is devoted to the review of legal tools available to the modern Russian legislator, aimed at the prevention of future conflicts and peaceful resolution of existing ones between legal entities seeking a peaceful resolution of the current dispute, maintenance of business, partnership, and good human relations in terms of achieving the balance of interests. The Editorial Board considers the whole set of methods and means of the current Russian legislation that have preventive and peacekeeping functional orientation to be pretrial methods of preventing potential conflicts. In accordance with the broad approach to the interpretation of pretrial methods of conflict prevention, the issues related to the field of notarial and mediation activities are reflected in the main topic section of the issue.
The article studies the issue common for all participants of the enforcement activity: specification of law and legal qualification in the process of constitutional judicial control, which also has a great preventive effect, in particular, in terms of achieving uniformity in resolving and providing a qualified legal assistance to the participants of possible legal disputes.
It is reasonable to start covering the issue of qualified legal assistance in the framework of procedural ways of conflict resolution with advocacy. The article devoted to the compulsory labour of lawyers conducts the analysis of the legal regulation of the phenomenon under study in accordance with Russian and international legislation. The author concludes that the use of the compulsory labour of lawyers is no longer a problem if the national jurisdiction has developed specific legal mechanisms that allow to balance the interests of every party involved, and suggests ways to solve this problem.
As an example of the importance of the qualified legal assistance role in terms of procedural methods of conflict resolution the article devoted to the systematization of legal disputes in the field of land use concludes on the importance of the qualification of persons providing legal assistance in law enforcement practice in the resolution of land conflicts. It emphasizes that in the resolution of disputes related to land use protecting (representing) rights and legitimate interests of individuals and legal entities lies with lawyers, and qualified assistance is provided by specialists with theoretical and practical experience in the field of land use.

Key words: conflict, dispute, conflict prevention, peaceful resolution of the dispute, agency, notarial activity, real estate transactions, notarial certification of real estate transactions, mediation, “modes of thinking” in mediation activity, advocacy activity, specification of law, legal qualification, disputes related to land use.

Citation. Inshakova A.O. Qualified Legal Assistance in Preventing and Resolving Conflicts: Pre-trial and Procedural Methods. Legal Concept, 2019, vol. 18, no. 1, pp. 6-14. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.1  

 

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