The book "Legal Advice", issue 4

The book One can say with certainty that the book "Legal Advice", issue 4, published by the Fund Mother's Right is currently the best edition without analogs.

The book consists of 2 parts:

  • 1. Answers to the most popular and typical questions of families of the dead soldiers concerning protection of their rights and application of legislation;
  • 2. Examples of the best cases. Each part comprises three sections: criminal procedure, civil procedure and social security law. The total volume of the publication equals to 320 pages. This amount is quite beyond the figure that was primarily intended. It is connected with successful cases in this project and a wish to popularize the best practices. Nevertheless, the major portion of the material remained beyond the book. The further increase of the book's content was impossible.

The number of printed copies equals to 5000 issues. This makes possible to send the book almost to all of the courts (about 2600) of the Russian Federation and to the dead soldiers families.

The book includes 20 unique cases won by the Fund's lawyers within the bounds of the project thus establishing a precedent for judicial practice in Russia.

Each adjudication begins with the story of the military man's death and/or application to the Fund for his parents' help and ends by a comment that discloses peculiarities of the won case.

The appendix contains useful background materials.

Collection of the opinions of Federal Judges who have received the book "Legal Advice", issue 4.

•     How would you assess in general the presented collection of articles. Why?

- The collection represents accessible source of legal advice, which is aimed for wide circles of population. Information that has been included in the collection is understandable. Examples of procedural documents correspond with existing practice and reflect the most urgent issues. (No signature, District Court of Altay kray)

- Such collection is a real help to people whose rights have been violated, to be more precise, help to restore violated rights and protection.(no signature, District Court of Kurskaya oblasat')

- This book has concrete practical character (The Chairperson of District Court, Orenburgskaya oblast')

-Dense concentration of information in the collection helps citizens- victims of military service crimes. (The Chairperson of District Court, Orenburgskaya oblast')

- Court practice is always someone's experience which secures a specific norm or legal right in a real life situation (No signature, City Court of Perm kray)

-This collection is intended for wide circles of readers, citizens, lawyers and judges as well. Legally competent, understandable, with detailed information: how to right an application, where to turn, with detailed court practice (Judge of the City Court, Briansk region)

- Is a great reference source that can be used when preparing to court hearings on similar cases/issues (The chairperson of district court, Chita region)

- This book is necessary for broadening professional outlook, also useful for wide public, those who are faced with similar issues (Federal Judge, Krasnodar kray)

- Each case of death is individual and requires proper investigation. To compensate or not to compensate moral damages is at parents' discretion, no others. (No signature, Krasnodar kray)

- Citizens can pick up a lot of useful information on the issues of their interest, which is widely presented in the collection (No signature, Krasnodar kray)

- For uniformity of court practice, it is essential to have it thematically generalized (No signature, Krasnodar kray)

•     How the absence of information about currently existing court practice in the country (neighboring regions) on one or other issue affect your job- does it help, impede of show no effect on your job?

- The book represents a collection of all materials on such theme, therefore, there is no need to spend time for informational search on certain cases (No signature, Kirov region)

- Such information helps to form uniform court practice and elude mistakes (The Chairperson of district Court, Chita region)

-Pension agencies never faithfully agree with citizens applications and appeal against them. Therefore, cassation practice in Russia is highly needed. (No signature, Irkutsk region)

-Information will help and have a positive effect on decision-making process in court hearings. (The judge of the city Court, Briansk region)

-Absence and shortage of information have negative effect on our job, it hinders the development and implementation of court precedents in the country. (No signature, Novosibirsk)

-The more information, the more justified court decisions are. Regional practice helps to resolve smallest nuances in different situations. (No signature, Habarovsk kray)

  •  Do we need in our country free legal advice services, free legal court representations (for the vulnerable groups of population, for ex.)? Why?

- The poor and the elderly try to fill the applications by themselves, quite often such applications do not meet the demands of RF Legislation. Therefore, such applications are left without progress, the process gets delayed. In some cases, such categories of citizens can not even write an application, therefore, they prefer not to turn to court to protect their rights. (No signature, Kirov region)

-Such service is necessary, because the advocates do not work free of charge. Therefore, those who can not pay do not have the possibility to receive even the most essential legal advice to restore their rights. Unfortunately, not all advocates are capable to deliver qualified help (No signature, Kursk oblast')

-Poor citizens do not have sources to pay for legal advice. Also, such free legal advice is necessary for legally incompetent, elderly people. (Federal Judge, Krasnodar kray)

-It is necessary, if the state will take all expenses on itself (chairperson of district court, Orenburg region)

-Yes, such service is necessary, to ensure equal access all citizens to their rights protection (No signature, district court of Krasnodar kray)

-Advocates charges for legal consultation are no less than 2000 rubles. Not everyone can afford such payment. (No signature, Irkutsk region)

-Information is needed on newspaper pages, in the journals. (Judge of city court, Briansk region)

-Assistance should be given by highly qualified specialists, not only lawyers but social services workers. (Judge of Orenburg Region Court)

-How correctly statement of claim has been written affects the time of court examination. (Chairperson of district court, Chita region)

-It is necessary to make public reception rooms of the courts independent structural division, with wide credentials (No signature, district Court of Altay kray)

-Such service is necessary, however, not in the courts, but by jurisdiction of Ministry of Justice of the RF (No signature, city court of Perm region)

•     In your opinion, do the russian advocates in their present day practice secure citizens' access to justice?

-No, because citizens do not turn to the advocates because of the absence of financial means  (No signature, district court of Krasnodar kray)

-No, because advocates (lawyers) are not capable to deliver qualified assistance, which is a result of low professional level. (No signature, district court of Krasnodar kray)

-It depends on the role and interest of the advocate in the case: fees, personal relations, public resonance. (No signature, district court, Habarovsk kray)

-There are a lot of advocates and advocates' offices. However, there is shortage of competent specialists. Experienced advocates ask for a lot of money, young specialists do not have enough experience and court practice. (Judge of criminal board of district court, Tambov)

•     In your opinion, what is the main difficulty in estimating the size of compensation on moral damages?

-The most difficult is to determine the assessment category for moral sufferings. Some things are understandable to everyone (death, severe injury), while some sufferings which each person experiences individually, depending on his/her own emotions and wills and sometimes can not adequately express in words. (Federal judge, district court, Krasnodar kray)

-Person's life can not be estimated. Sufferings of the victims can not be assessed. Therefoe, it is extremely difficult to define the size of moral compensation (Judge of city court, Briansk reigon)

•     What would you like to write to us, in response after reading our book?

-Judges and prosecutors, as well as investigators, should not belong to any particular Department (namely, military Department) (No signature, district court, Voronezh region)

-You need to continue your job, and use mass media to form public opinion. In such a way, you can influence current court practice (Chairperson of Federal District Court, Ekaterinburg)

-Our state does not need the army. It was not good even before, today it's even worse. I believe you are doing really good job. I have written down your phone numbers and address. If there will be any need in future, I will refer parents to you. (Judge of Criminal Board of District Court, Tambov)

-Cases of satisfaction of the demands described in the book are singular. At the same time, they should become the norm for the state. (No signature, district court, Voronezh region).