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§ 1. Concept and signs of professional legal public associations

Construction of a civil society and a lawful state is impossible without the development of higher level of political culture connected with development of civilisation, initiative, individual and collective responsibility that causes wide political and ideological variety.

S.A.Soldatov, in our opinion, truly notices, that for public associations this process is connected with overcoming of their former position in socially - political life, acquisition of new political experience, participation in formation of the state bodies, local governments, legal space of a society [2] .

Through public associations the various rights and freedom of the person and the citizen, and, first of all, - the right to association are realised. Maintenance with the state of possibility of realisation of the granted right is carried out through the constitutional guarantees of freedom of creation and activity of public associations, their equalities before the law, recognitions of political variety and multi-party system.

In the conditions of development of a lawful state and a civil society the place and value of professional communities is staticized. A special place among them the professional legal organisations,

zo having special influence on carried out by the state to the policy occupy, law-making, social and economic processes.

As marks L.J.Grudtsyna, «traditionally trade of the lawyer - the major social trade. The judge, the lawyer, the notary, the inspector, the public prosecutor, the worker of law enforcement bodies, the deputy of parliament not only should possess high level pravoponimanija, but also to be the most susceptible to problems of the Russian statehood and democracy» [3] .

She notices, that «for last years the role and value of a legal trade have radically changed, its authority has raised, there were new legal specialities, corporate associations of lawyers, there was others a structure, methods and juridical education forms. Uniform and authoritative national association of jurists is under such circumstances proved, that only, can bring the powerful contribution to maintenance of the strict observance of laws and improvement of legal education of citizens and, that also is important, in strengthening of control functions of the public behind observance of rules of law. In many countries of the world associations and the unions of lawyers which possess the big public and political authority actively operate, considerable impact on formation of a state policy and legal culture of citizens» [4] make.

At all importance and vlijatelnosti associations of lawyers in legal scientific, and in the publicistic literature there are not enough the researches devoted to the analysis of features of associations of the given kind - professional associations of lawyers. Probably, it is connected and that there are no the accurate signs delimiting them from others

legal

professional associations and associations which maintenance includes legal activity.

we Will notice, that in the researches devoted to public associations, practically there is no analysis and even a mention of associations of the given kind. Basically scientists consider activity of such associations as judicial, notarial and lawyer which are special public corporations.

we Believe, that for definition of essence of professional legal public associations, we consider it is necessary to analyse a number of the concepts constituting the given category, namely - the organisation, public organisation (association), the professional organisation, the legal organisation.

Association (ang. - association, union) is «group, the union, the organisation of the people, putting to itself any general problems, the joint purposes» [5] . Association - concept wider rather than the organisation, including some senses.

In sociology its maintenance is understood in various contexts:

1. As target group of the people consolidated by the uniform purpose (to let out production to render services to carry out certain functions in a society) where the purpose is a core of creation and organisation functioning, the main organizational process determining all spheres of an organizational structure and behaviour of members of the organisation;

2. As ekosistema, creating round the person the special world consisting of requirements, values and samples of behaviour, at which the organisation purposes can vary, when the organisation remains thus almost invariable (we will notice, that, in our opinion, in the given context terminology use "eko" is ambiguous in this connection in ours
research it is believed correct to refuse the given part of a word, keeping in terminology of the given approach "system" - H. E.);

3. As set of the rules defining a procedure of those or other actions [6] .

the Given approaches define separate aspects of concept of "organisation". The first approach expresses the incorporated group of individuals consolidating them for realisation of certain purposes (target aspect), the second - the specific social ordered set (system aspect), the third - management function (regulating aspect).

According to American sociologist A.Ettsioni, the organisation is «social associations (or human groups), meaningly designed and reconstructed for the specific purposes, the Basic emphasis here becomes on conscious membership in the organisation and conscious action of its members» [7] .

the Organizations have arisen for a long time and in process of development of a human society steadily expanded, became complicated, got the increasing value in a life of people. If to try to formulate, that usually it is understood as the organisation, first of all, there is a thought: the concept "organisation" is connected with joint cooperation of group of people which aspire to achievement of some overall aims. Therefore in the most simple formulation the organisation is a group of the people operating in common for achievement of overall aims. For successful achievement of these purposes activity of people in group should be co-ordinated. Therefore the organisation can be considered as group of the people which activity is meaningly co-ordinated for achievement of an overall aim or the purposes.

In the organisation theory under the organisation understand «meaningly co-ordinated social formation with certain borders,

which functions on rather constant basis for achievement of an overall aim or the purposes » [8] .

Each organisation has the mission - mission in which name people are consolidated and carry out the activity. Organisation mission consists that it:

1) represents basis, a point of a support for all decisions of the organisation, for definition of its purposes and problems;

2) creates confidence, that the organisation pursues the consistent, clear, comparable aims;

3) helps to concentrate efforts of its members to the chosen direction, consolidates their actions.

Thus, the organisations is, first of all, the social groups focused on achievement of the interconnected and specific purposes. Each organisation is expedient in the sense that actions of its members are definitely co-ordinated for achievement of the general for it result in quite certain area of human activity.

Opening concept "public organisation" we will mention a question on differentiation of such concepts as "public" and "voluntary" association of citizens.

One of leading experts of the Soviet period on problems of functioning of public associations of TS.A.Jampolsky considered, that "concepts" »citizens should be divided public association"and"voluntary association. TS.A.Jampolsky made following definition of voluntary association of citizens is« based on the beginnings of voluntariness community, obrazuemoe citizens for realisation of a certain kind of purposeful activity in which process legitimate rights are realised, interests and democratic freedom of the consolidated persons, and possessing both actual, and formal
organizational unity - stability of structure, structure and communications between members » [9] .

Concept of public organisation at a sight of the scientist narrower, than concept of voluntary association of citizens. So the term "public organisations" in the Constitution of the USSR and constitutions allied and autonomous republics, in the CPSU Program were understood as public organisations not in general every possible voluntary not state character of association, and certain mass associations - party, Komsomol, trade unions and some other. Public organisations it is a kind of voluntary associations [10] .

the Public organisation in the USSR, wrote TS.A.Jampolsky, is «voluntary, but the association of the Soviet citizens fixed by formal membership which, being is constructed on the basis of democratic centralism, self-management and amateur performance, has the problem according to legitimate interests and the rights of the consolidated persons realisation of the activity directed on achievement of the purposes of the organisation, and thereby simultaneously on participation in communistic building» [11] .

we Will notice, that the author pays attention that the public organisation participates in the state building, that is takes part in realisation of its basic functions.

the Russian legislation under public association understands the voluntary, homing, noncommercial formation created at the initiative of citizens, consolidated on the basis of community of interests for realisation of the overall aims specified in the charter public
of association (further - the authorised purposes) [12] . The right of citizens to creation of public associations is realised as directly by association of physical persons, and through legal bodies - public associations.

we Will notice, that the legislator treats the term "association" more widely than "organisation", last is a kind of the public association based on fixed membership, participants of public association of citizens.

Here it is necessary to address to the maintenance and value of concept «public organisations (associations)». A.S.Tumanova notices, that in the scientific literature definition of concept "public organisation" was given by means of following signs:

1) not state character expressed in realisation independent of power structures of the functions;

2) voluntariness of an input and an exit (nobody can be forced to participation in the organisation);

3) the personal fixed membership;

4) legal equality of members;

5) selectivity of a management;

6) non-commercial objectives;

7) presence of the regular device and internal structure;

8) self-financing as a basis of formation of the budget [13] .

Thereupon, we consider, that the term "public organisation" within the limits of our research should be considered in a broad sense, including some forms of the noncommercial organisations. Thus,
it is unconditional, the modern Russian legislation differentiates the given categories.

In item Z of article 2 of the Federal act from 12.01.1996 ¹ 7-FZ «About the noncommercial organisations» it is defined, that: «the Noncommercial organisations can be created in the form of the public or religious organisations (associations), communities of the radical small people of the Russian Federation, the Cossack societies, noncommercial partnership, establishments, the independent noncommercial organisations, social, charitable and other funds, associations and the unions, and also in other forms provided by federal acts».

But, having studied an is standard-legal basis of organisation-legal forms of such noncommercial organisations as public organisations (associations), noncommercial partnership, establishments, the independent noncommercial organisations, associations and the unions, it is possible to come to conclusion that essential differences between them are not present, taking into account several reservations. So, between organisation-legal forms of such noncommercial organisations, as public organisations and noncommercial partnership of differences which essentially would distinguish them, no.

Besides, to all kinds of the noncommercial organisations probably to apply generalising formulation - non-governmental organisations that underlines nepublichnost in effect these kinds of associations of citizens.

In connection with further use of a category "non-governmental organisation" we will define its maintenance.

the Non-governmental organisation (NPO) - the organisation which is founded by private persons and-or other public (noncommercial) organisations without participation of official (governmental) institutes and carrying out the activity on the basis of the charter and on own means.

the Antipode of non-governmental organisations is the governmental organisations - that is created at the initiative of the state, on the basis of the law, the states operating in interests and forming in the set machinery of state. The governmental organisations directly participate in realisation of problems and state functions. To the governmental organisations carry: the state bodies (federal and regional), municipal bodies.

the Basic function of non-governmental organisations consists in an establishment of communications between the state and not state segments. In this case non-governmental organisations represent itself as political formations and are capable to operate both on national, and at the international level. Such possibility is based on escalating trust between public authorities and non-governmental organisations. One of the factors promoting an establishment of trust, that many non-governmental organisations are registered by the enactments in which their purposes and a problem are stated is.

Development of non-governmental organisations, expansion of sphere of their activity indissolubly with perfection of the intraorganizational mechanism. «Modern non-governmental human rights organisations represent the organisations with the developed infrastructure regulated by intraorganizational norms. Their professional work is impossible today without presence of the qualified administrative shots possessing knowledge of features of management by non-governmental organisations taking into account their noncommercial character» [14] .

For today the concept of non-governmental organisations is widely used in the subordinate legislation normative acts connected by them grantovoj by support. So, last years, on the basis of orders of the President of the Russian Federation, with a view of maintenance of the state support to the domestic noncommercial non-governmental organisations participating in development of institutes of a civil society both realising socially significant projects and projects in sphere of protection of the rights and freedom of the person and the citizen, competitions on which basis to these organisations are held budgetary assignments are given. Thus competitions are spent by special representatives the operators who are also non-governmental organisations. For example, in 2015 such organisations of a steel: the All-Russian social movement «Civil advantage»; the All-Russian public fund «National welfare fund»; The all-Russian public organisation - the Society "Knowledge" of Russia; the All-Russian public organisation «Russian Union of Youth»; the All-Russian public organisation «League of health of the nation»; Noncommercial fund - Institute of social and economic and political researches; the All-Russian public organisation «Union of pensioners of Russia»; Public organisation «Union of women of Russia» [15] .

Non-governmental organisations can associate with political parties which aspire to participation in a political life, including in the government, to seize the government and the establishments realising the government, have communication with an electoral system by means of voting of representative bodies of the power, bear in itself certain ideology.

More exact, in our opinion, is V.N.Shelomentseva's statement that non-governmental organisations act as visible expression of that «the civil society» is put in concept, that is are sphere in which social movements are formed depending on the purposes, circle of participants and thematic interests [16] .

In this context concept «public association» bears patrimonial character, designating independent organisation-legal forms of legal bodies of public character to which the positive law system can carry public organisations, movements, funds, establishments, bodies of public amateur performance, political parties. Public associations are rather various on the character. They differ on ideological and program installations, a social base, structure and methods of activity and can be used in a broad sense as a synonym of the non-governmental (not state) organisations.

According to A.P.Ljubimova a civil society as «the third sector» includes along with non-governmental also the noncommercial organisations [17] . We can not agree with such division as not all noncommercial organisations, and even the most part, concern to non-governmental, on what the attention above was already paid. The exception is constituted only by those noncommercial organisations which are created by institutes of public authority and are organizational-material appendages of the mechanism of the state.

we Will notice, that the concept «the third sector» starts with horizontal division of all political system of the society meaning
existence of three sectors equal in rights, allocated on an activity priority. First two sectors include, first, the state and political institutes, and also, secondly, the business private organisations and the enterprises. To it the third recently is added, or non-profitable, sector. The third sector consider as the sphere of activity developed between a family and wider by bureaucratic sectors of profitable business and the government.

J.V.Soboleva defines concept «not state organisation» as «group of the people, acting it is personified on its own behalf, carrying out own, corporate problems and the functions, not possessing the state-imperious powers, operating without intervention of the state and to it not financed» [18] .

As signs of such organisations the following is marked:

«1) voluntariness of formation;

2) activity of public associations on a self-management principle;

3) noncommercial character of formation;

4) creation by group of physical persons and along with them legal bodies - public associations;

5) creation for realisation of the overall aims specified in the charter;

6) performance only on its own behalf;

7) absence of state-imperious powers » [19] .

In the literature it is noticed, that «one of components of political system of a society is institutsionalnyj a component including actually political organisations - the state, political parties, the political movements, some public associations of political character. Feature of these elements - direct
communication with a policy, and the activity purpose - mastering by the government, participation in realisation internal and foreign policy, political influence on separate groups and levels of population, carrying out of political interests of certain groups and layers» [20] .

the Non-governmental basis assumes establishment of the organisation private persons or other public, noncommercial organisations independently or without participation of institutes of public authority and carrying out the activity on the basis of the charter at the expense of own means, which are formed of membership dues and the involved resources (the donation legal and physical persons, state (municipal) orders, grants).

According to A.P.Ljubimova «non-governmental organisations play the major role in the course of social development and constitute a fundamental basis of a civil society. Their high-grade activity is the factor creating favorable conditions for development of economy, social sphere, noncommercial business and strengthening of a civil society» [21] .

Thus, in our opinion, non-governmental (not state) character of professional legal public associations carries them to a civil society and political system of a society.

we Will pass to the analysis such important in a context of our research of a category as ïðîôåññèîíàëèçàãð³ÿ which plays one of the major factors in formation of public associations studied in our work and about it in work speech still will go at the analysis institutsionalizatsii
professional legal public associations to the pre-revolutionary period.

the Term "professionalism" can be treated in two senses. In the first, ability at professional level to understand those special questions for which decision the public organisation is created. In - the second, possession knowledge in certain area of a science which should possess as heads of the organisation to adjust accurate work rukovodimogo the device or its division and to organise optimum carrying out during a life of decisions of the organisation, and rank-and-file members to have possibility to carry out the made decisions and to operate according to the organisation purposes. Conditionally speaking, it is possible to name this party of professionalism "remedial", unlike the first which it is possible to name "material" and which assumes the competent decision of questions in essence. Thus, professionalism concept multiplane.

professionalizatsija underlies process of formation of the legal organisations. professionalizatsiju in this case it is necessary to understand from the point of view of the stratification sociological approach, that is as it is marked in the scientific literature, as finding of the social status through a trade. Professional socialisation is a process by means of which the person joins certain professional values, includes them in private world, forms professional consciousness and culture, objectively and subjectively prepares for professional work [22] .

so wide approach to the given term is caused by that professionalizatsiju in the given context it is impossible to identify with formation of a professional knowledge, skills as stratification on professional interests also demands
professional consciousness, development of internal personal structures of the individual. That is for professionalizatsii in a context of our research the psychological aspect of professional development is necessary.

it is necessary to notice, that "term" the trade »has a foreign extraction and till XVII century designated the certificate or the fact of following to a vow, in the subsequent having transformed in« employment in which somebody promises to be skilful and to which swears to follow » [23] .

In a sociological science questions of professional associations were widely considered by foreign researchers. So, E.Djurkgejm allocated their importance as long-term public institutes, defining such associations as the "corporations" representing intellectual on solidarity intellectual and moral uniformity, arising naturally as a result of employment by one trade [24] .

R.Merton considered, that professional communities as associations of experts bear in themselves certain functions. C one party, they provide moral and material support for individual members, and, on the other hand, promote trade popularisation, control, advancement of the general ideas for a trade as a whole [25] .

As the social phenomenon professionalizatsija, concerning this or that sphere, predetermines and is in vzaimovlijaemoj COMMUNICATIONS C by processes of association and consolidation of various individuals on
to professional interests and signs. Besides, development professionalizatsii leads to specialisation of a trade in various directions.

In domestic sociological researches professional associations also do not remain without attention. N.A.Martyanov obosnovanno suggests to understand professional association which has historically developed as professional community and institutsionalno self-adjustable association of professionals C by the certain ethical code or strictly observed formal and informal rules [26] was fixed in quality concerning independent of public opinion. The given author allocates following signs of professional communities:

- duration and complexity of reception of professional skill,

- closeness to "input" and "exit",

- historically caused "shop" corporate culture,

- a weak susceptibility to innovations,

- traditsionalizm [27] .

C the points of view professionalizatsii is not an exception and legal sphere. Specialisation of legal activity has found the reflexion in standard fastening, in actual differentiation and institutsionalizatsii trades of legal character.

I.J.Koloskova and N.JA. The Sokolov believes, that the legal trade can be defined as the sort of activity connected with legal regulation of public relations, maintenance of observance with members of a society of the rules of law, demanding necessary knowledge and the skills got by the juridical education and (or)
of practical experience and, imposing on lawyers responsibility for effective performance of the assigned duties in system of a public division of labour [28] .

That is it is essentially important to notice, that process professionalizatsii influences not only juridical education presence, but also character of work - legal activity.

Allocation of the organisations representing legal community, in our opinion, is necessary for spending proceeding from certain signs and the corresponding criteria, allowing to delimit the given organisations from other formations of a professional orientation.

the Most pertinent and correct term for definition of associations to signs of professional specialisation, in our opinion, is "corporation". It is accepted to understand the union, association, a society As corporation [29] .

On the basis of versions of specialisations of professional public legal associations, it is obviously possible to allocate concept of legal corporations as which it is necessary to understand primary professional associations on the basis of their specialisation, existing in forms or directly provided by the current legislation (in sphere of a notariate, legal profession, Office of Public Prosecutor, refereeing), or are authorised by the state by means of standard rules.

Considering corporate character of professional legal associations, in our opinion, is proved to differentiate all professional public legal associations, depending on specialisation of the participants. Proceeding from this criterion, professional legal associations can be created for
decisions of problems of the general character peculiar for any legal trades, for example, the All-Russian public organisation «Association of lawyers of Russia» or for the decision of the corporate purposes.

Professional public legal associations as special social group co-operate with other groups and with a society as a whole, rendering on them the direct or mediated influence. Mutual relations of the state and the professional public legal organisations are shown in legal regulation of their activity, the mutual control, in the organisation of the joint decision of the questions connected with the state support of the professional public legal organisations.

In the literature it is noticed, that the concept of corporation historically defined the closed association of persons of a certain trade (merchants, handicraftsmen) and their capitals for realisation any obshchestvennopoleznoj ­ activity (in India corporations had the form of castes, in Europe - shops and guilds, to Russia and the USSR - the state institutes). Here it is noticed, that to such association are peculiar: isolation, restriction of access of by-standers, the maximum centralisation, autonomy of a management, opposition of to another social obshchnostjam on the basis of narrowly understood corporate interests [30] .

However, already in XVIII-XIX centuries the term "corporation" was considered as a synonym of the legal person, in what influence of the reception of the Roman Law in a design Roman unversitas (corpus - corporation) [31] was reflected. During the Postroman epoch all theories defining the legal nature of a design "legal body" (corporation) were reduced only to the fiction theories, which essence consisted that the corporation (legal
the person) was the fictitious legal person (persona ficta), created by the corresponding power [32] . Universitas it was given ideal or the juridical personality who was considered as the subject of the rights and duties, irrespective of the separate physical persons constituting corporation [33] . C by the reception of the Roman Law and civil law development the independent subjects of law existing irrespective of physical persons began to be understood as corporations, influencing corporations by means of participation in activity of its bodies. It proves that circumstance, that today the term "corporation" takes a special place in civil law, designating the independent subject of managing activity.

In this connection, we believe expedient to specify, that in this case it is a question of corporation as about incorporated group, a circle of a certain trade that is as about the organisation consolidated on occupation characteristics, that also is one of the conventional values of the specified term [34] .

«the Legal corporation» in a broad sense, in our opinion, is identical to legal community as a whole, and in narrow sense characterises independent professional legal associations on the basis of specialisation of a legal trade. The last theoretically proves intercorporate legal associations what, for example, are the All-Russian public organisation «Association of lawyers of Russia», the International union of lawyers.

Thus the account of division of legal community on corporation has essential value in activity of intercorporate legal professional associations. In the conditions of operating legal system intercorporate associations can be mediated through
organisation-legal forms of the general character, for example, public associations, social movements and other forms provided by the special legislation.

it is necessary to notice, that the term «legal corporation» is used as in the broad sense of the word, designating legal community as a whole [35] , and in narrow - concerning association on the basis of specialisation [36] .

At the present stage institutsionalizatsija separate legal corporations it was expressed in special laws about this or that legal activity, for example:

- concerning notarial corporation - Fundamentals of legislation of the Russian Federation about a notariate [37] ;

- concerning lawyer corporation - the Federal act from 31.05.2002 ¹ 63-FZ «About lawyer activity and legal profession in the Russian Federation» [38] ;

- concerning judicial corporation - the Federal act from 14.03.2002 ¹ ZO-FZ «About bodies of judicial community in the Russian Federation» [39] ;

- concerning public prosecutor's corporation - the Federal act from 17.01.1992 ¹ 2202-1 «About Office of Public Prosecutor of the Russian Federation» 39 [40] .

For today the term «legal corporations» became common, designating those or other associations of lawyers on the basis of their specialisation.

On the basis of understanding of the term «legal corporation», we consider, that, first, they are primary professional associations on the basis of their specialisation; secondly, forms in which there can be legal corporations or are directly provided by the current legislation (in sphere of a notariate, legal profession, Office of Public Prosecutor, refereeing), or are authorised by the state by means of standard rules.

the Last confirms position of the current legislation that citizens have the right to create at the choice public associations without prior permission of public authorities and local governments, and also the right to enter such public associations on the terms of observance of norms of their charters. In addition to it by the law it is provided, that public associations created by citizens can be registered and get corporate franchises or function without the state registration and acquisition of corporate franchises. It influences that legal corporations possess independence that is shown in their own competence of the limits established or authorised by the state, and internal rules.

Thus, considering modern lines in institutsionalizatsii legal corporations, we can define them
as associations of lawyers on the basis of the professional specialisation, possessing independence and created in the forms established or authorised by the state.

the Corporation of lawyers represents specific, in a special way organised and structured professional community based on unity of sphere and principles of activity, the similar moral norms, being the basic subject of realisation of the right and acting as a conductor of citizens on a way to the right.

Institutsionalizatsija legal corporations, including their standard fastening, allows to reveal their independence which is expressed in their own competence, definition of directing bodies, and also in operating system of communications, features of mutual relations and accepted simvolikah.

So, we have approached to disclosing of the central concept of our research - professional legal public associations. Having considered, as a matter of fact, each term forming the given category we will allocate signs of the given kind of associations including those which define specificity of associations of the given kind.

First, these organisations should consist of representatives of the legal trades having the juridical education.

As we already marked, the essence of process institutsionalizatsii professional legal associations is expressed in streamlining, communications and relations among the people consolidated by one trade - lawyers.

Thus it is necessary to consider variety of legal trades and their forms as social institutes. These spheres can be expressed as independent specialisations within the limits of state, including civil, military and law-enforcement, and municipal service, judicial structure, scientifically-educational institutions, commercial, noncommercial public organisations.

In the scientifically-educational environment professional legal associations can be expressed in the form of public associations of a legal orientation, academic councils at faculties of law. In the corporate environment there is a set of the organisations which aspire to consolidation of employees of legal services of the enterprises on a platform of various projects and actions.

Besides, professional legal associations can be formed inside especially legal trades formed historically under the influence of various social processes. It is legal profession, a notariate, judicial community, Office of Public Prosecutor which in turn, are objectively developed legal corporations. Thus we will note, what not all legal corporations concern type of the associations answering to a sign of public formation. About what we will tell more low.

juridical education Presence as the criterion, allowing to allocate professional legal associations, it is represented to us proved from the point of view of historical development of these associations. In spite of the fact that the given criterion cannot be a formal obstacle for creation and development of legal associations, juridical education presence is an unconditional condition for the admission actually to any legal trade. Thus some public associations in the Charters accurately do not reserve a condition of presence of the juridical education, believing as it seems to us, that entering in the professional organisation of lawyers, they have such education or, at least, work by a legal trade.

the Juridical education and a trade in jurisprudence sphere gets out voluntary, is realised, proceeding from professional and subjective interest of the person. Voluntariness of a choice of a trade means possibility to be a member of the organisations formed on
to occupation characteristics with a view of which there is a maintenance of interests of professional community.

Voluntariness of a choice of a trade of the lawyer it is closely connected with second sign allowing to delimit the professional legal organisations from other formations of a professional orientation it that these organisations should have public character.

the Given sign consists that the professional legal organisations institutsionalno obrazovyvajutsja not during government realisation, and voluntary association on the basis of common interests, the purposes, problems, that is they have non-governmental (not state) character.

Activity of public associations and relations arising in its process can be directed on changes in distribution of the power and on participation in it, that is have accurately expressed political character. The political aspect of functioning of a civil society finds the display in these institutes. In them there is a familiarising of members of a civil society with a political life. Such institutes, serious impact on state activity, political parties, trade unions, the enterprise unions, volunteer societies, associations of consumers, the youth organisations and various movements [41] are making.

V.I.Lenin considered the right to association by the most essential, the most important for working class [42] . In the first Soviet Constitution - Constitutions of RSFSR of 1918 there was special article which defined: «With a view of maintenance for workers of valid freedom of the unions the Russian Socialist Federal Soviet Republic,
having broken the economic and political mighty of this world of classes and to it having eliminated all obstacles which stirred till now in a bourgeois society worker and to peasants to use organisation and action freedom, renders to working and poorest peasants all assistance, material and other, for their association and the organisation» [43] .

we Will join L.A.Morozovoj's opinion that «mutual relations of the state and public associations serve as the major indicator of democratic character of the government. If the state aspires to cooperation with public associations, provides their free development and functioning, guarantees their independence in the decision of intraorganizational problems such state should be estimated as democratic as it guarantees and really provides the major human rights - the right to association in the various unions, the organisations, creative corporations etc. for expression and protection of the interests and achievement of overall aims» [44] .

Public associations are the integral part of political system of the society representing ordered set of the political organisation, various social norms, political and legal culture, mechanisms of interrelations and communications of its elements.

Besides, it is impossible to deny that activity of public institutes should correspond to specially established political norms. According to R.M.Lamzina, these norms are defined through groups of interests (the groups consisting of people, guided by certain interests and sights for the purpose of rendering of influence on other social groups) which can be as anomicheskimi (for example,
demonstrations, meetings) and institutsionalnymi (for example, formal associations) [45] .

the voluntariness Principle is one of the major at the characteristic of public association. In article 15 of the Federal act from 19.05.1995 N 82-FZ «About public associations» the given principle is underlined as one of principles of creation and activity of public associations along with such as equality, self-management and legality.

the Category "voluntariness" is widely used in aggregate C by such volume categories as a will autonomy, free agency, optionality, obshchedozvolitelnost, rekomendatelnost.

G.F.Shershenevich considered, that the majority of citizens operate in the consent with rules of law voluntary, that is is free, according to laws of the nature and a society, in force sovej consciousness, owing to belief in utility of such behaviour [46] .

the Maintenance of this principle includes position that citizens at own discretion can create public associations for protection of interests and achievement of overall aims, they have the right to solve independently question on the introduction into public associations, and also to refrain from the introduction into them. Public authorities cannot make the decision on compulsion of citizens to enter public associations and to sojourn in them.

But formation of some kinds of public associations is based on a trade choice, reception of the certain status and occurrence in the community, formed on a corporate sign. It concerns and to
to associations of lawyers, such as lawyer formations (Bars, lawyer chambers) and notarial chambers.

To the professional legal organisations concern, in our opinion, lawyer formations which traditionally are understood as the professional community, rendering of a legal aid having by the problem physical and to legal bodies with a view of protection of their rights and legitimate interests. The federal act from 31.05.2002 ¹ 63-FZ «About lawyer activity and legal profession in the Russian Federation» does the basic emphasis on the individual subject - the lawyer: «the Status of the lawyer in the Russian Federation has the right to get the face who has the higher juridical education received in educational institution having the state accreditation of the higher vocational training, or a scientific degree on a legal speciality» (item 9). The lawyer hands over a promotion examination, then to it the status of the lawyer is appropriated (is termless): « From the date of taking oath the applicant receives the status of the lawyer and there is a member of lawyer chamber »(item 13). The term"becomes"assumes, that the lawyer should not undergo additional procedure of reception in lawyer chamber. It automatically"becomes"its member after taking oath. Accordingly, a condition of occurrence of such condition as membership in the organisation, will be the fact of taking oath and the fact of a voluntary choice of a trade of the lawyer. Data on the lawyer are brought in the register.

According to G.M.Reznika: «Bars are not public associations about which it is spoken in item 30 of the Constitution of the Russian Federation. Occurrence in board structure means an accessory to special professional pravozastupnomu to community, acquisition of the special status as necessary condition of the admission to lawyer activity and simultaneously to a guarantee of legal security of citizens» [47] .

we Will disagree with opinion of the known and dear lawyer as it is necessary to pay special attention, that the constitutional norm is directed on granting to everyone the right for association. Each citizen can realise the right in various forms. Besides, we will pay attention that else in the Law of the USSR from 30.11.1979 «About legal profession in the USSR» in article 3 has been fixed, that: «Bars are voluntary associations of the persons who are engaged in lawyer activity» [48] .

A.V.Demenishin marks, arguing on development of the beginnings of voluntariness in the right, that the subject of legal relations should understand distinctly all advantages and benefits of a choice of a voluntary variant of behaviour, marks. Readiness to operate is voluntary caused by possibility of acquisition of the special legal status, guarantees distinct from the general mode. Operating voluntary, the subject of legal relations realises essentially bolshy volume of the possibilities which have been put in pawn in the right, as a regulator of public relations. About the voluntary behaviour corresponding to legal requirements, probably to speak, as about the lawful, deserved behaviour [49] .

Developing this thought, we come to conclusion that the voluntary choice of a trade is mediated and in voluntariness participation in the professional associations formed by a corporate principle. And not looking at feature of the status of lawyer associations, by the social and legal nature they are public.

the Question on giving of the special status to lawyer association has the important practical value. Article 30 of the Constitution of the Russian Federation has fixed a legal interdiction: «Nobody can be forced to the introduction in what -
either association or to stay in it». Accordingly, interpretation of concept of association predetermines conditionality of constitutionality (or its absence) obligatory membership of the lawyer in lawyer chamber. Whether is the lawyer chamber association in sense of item 30 of the Constitution of the Russian Federation or not? The majority of the works considering the status of public associations, correctly define, that a fundamental principle of their activity is item 30 of the Constitution of the Russian Federation.

the Lawyer community has the special admission given for participants during special attestative or qualifying actions in the basis. Substantive provisions about the roles of lawyers accepted at the international level and ratified by the Russian Federation, establish, that bar associations which are professional associations, provide maintenance of professional standards and is moral-ethical standards, provide the rights and freedom of the members from unreasonable restrictions and encroachments, provide a legal aid to all who requires it, and co-operate with the government and other institutes for achievement of the purposes of justice and public interest. Lawyers, as well as other citizens, have the right to association in association and the organisations. At realisation of these rights lawyers should be guided by the law, recognised professional standards and ethical rules.

the Constitutional Court of the Russian Federation in the Decision from April, 3rd, 1998 has specified: «the impossibility of compulsion follows From sense and the maintenance of a part of 2 articles 30 of the Constitution of the Russian Federation to the introduction into any association or stay in it. Any association, its structure and organisation-legal forms of management of it should be based on the personal initiative, voluntary will and, hence, on voluntary membership in such association» [50] ». The constitutional Court
has accurately designated - any association should submit to item 30 of the Constitution of the Russian Federation.

From sense and the maintenance of a part of 2 articles 30 of the Constitution of the Russian Federation the impossibility of compulsion to the introduction into any association or stay in it follows. Any association, its structure and organizational - legal forms of management of it should be based on the personal initiative, voluntary will and, hence, on voluntary membership in such association. Voluntariness of participation in lawyer formations is shown through a choice of a trade and reception of the status of the lawyer which element assumes to be at least a member of one corporate obedenija - lawyer chamber of the subject of the Russian Federation in which territory the lawyer carries out the activity. And at desire, besides voluntary, the lawyer can be a member or Bar or a lawyer bureau.

it is necessary to recognise, that separate legal communities as primary cells or versions of professional public associations initially could develop at the international level and during the concrete historical period were accepted in this or that model at level of the separate state. It directly concerns a notariate, it is traditional a dividend on Latin and Anglo-Saxon.

E.N.little finger characterises variety of forms of the organisation of a notariate in such a manner that, first, quite probably existence of the notariate simultaneously consolidating in of key signs two basic types of a notariate, secondly, within the limits of the basic types of a notariate more detailed classification of forms of the organisation of a notariate [51] is possible.

the Notariate of the Russian Federation concerns system of a Latin notariate. At a Latin notariate there is such system of the organisation of notarial activity at which notaries, remaining professional workers, carry out the functions as representatives of the state. The notarial organisations of the given type are consolidated in the International union of a Latin notariate operating since 1948. The federal notarial chamber of the Russian Federation has been accepted in members of the International union of a Latin notariate in 1995. For the present moment the specified union includes representatives more than 60 countries, and also the State of Louisiana of the United States of America, adhering historically a family of the continental (romano-German) right.

the Notarial chamber according to item 24 of Fundamentals of legislation of the Russian Federation about a notariate from And N 4462-1 is February, 1993 the noncommercial organisation representing professional association, based on obligatory membership of the notaries who are engaged in private practice. But thus the persons who have handed over a promotion examination, but not being notaries can be members of notarial chamber also.

Thus, the sign of public character allows to delimit the professional public legal organisations from the professional legal organisations as a whole, namely from professional associations of the state character. As the last the organisations of judicial and public prosecutor's community act. The given legal corporations by the nature are allocated by state-imperious powers, formed directly by the state and enter into their structure. For example, judicial community. We will stop on its nature a question of possibility of its reference to professional public legal associations.

Associations (association) including on occupation characteristics, are the important component of a civil society. At
it, public associations are a way of realisation of a constitutional law of citizens on association. Judicial communities by the nature do not meet the requirements of public organisations though are professional communities.

E.V.Burdina considering that there are no good causes adheres to the Given position also to consider the judicial community operating in the Russian Federation, the public association created within the limits of realisation of the right of judges on freedom of associations [52] .

Judicial community, proceeding from the legislation on the noncommercial organisations, public associations, that cannot be, as judges in such associations act not on the private, voluntary beginnings, and as carriers of imperious powers. Besides, here there is no place to a voluntariness principle as membership in judicial community is obligatory for judges. Also, formed on the basis of federal constitutional and federal acts the judicial community does not come under to the termination at the initiative of judges.

Exceptions representatives kvazisudebnyh structures (for example constitute, the arbitration courts), not entering into the judiciary of the Russian Federation.

the Organization and activity of judicial community are regulated by special federal acts: the Federal constitutional law «About the judiciary of the Russian Federation», the Federal constitutional law «About general jurisdiction vessels in the Russian Federation», and also the Federal act «About bodies of judicial community in the Russian Federation», defining structure of bodies of judicial community, a problem of their activity, power and procedure,
which cannot be changed any way at the initiative of judges the internal certificate.

we Will pay attention that the professional public legal organisations, now not obrazovyvajutsja in the form of parties, having as the organisation-legal form the public, noncommercial organisations, or the special organisation-legal forms provided for separate corporations.

In modern Russian jurisprudence under the form of realisation of the right to association usually understand public association. Nevertheless in a real life of association of citizens are shown in a huge variety, they can considerably differ from usual associations of citizens both under the form, and in the order of creation, on powers of public character available for them.

In the Decision of the Constitutional Court of the Russian Federation from May, 19th, 1998 ¹ 15Ï «On business about check of constitutionality of separate positions of articles 2, 12, 17, 24 and 34 Fundamentals of legislation of the Russian Federation about a notariate» it was noticed, that notarial chambers carry out public mission, and it, in turn, predetermines the special status of the organisation and the kind of the legal person which is distinct from public association. On the basis of it it is possible to come to a conclusion, that the Constitution of the Russian Federation does not forbid the state to transfer separate powers of executive powers of the power to not state organisations participating in performance of functions of public authority.

Those special organisation-legal forms are, for example, notarial and lawyer chambers, lawyer offices, a bureau, boards, and also other forms defined by operating legal regulation.

O.V.Romanovskaja, in our opinion, fairly notices, that «at presence« narrow »discussions about the status of the concrete organisation it is impossible not
to tell about institute formation« public legal bodies »to whom it is necessary to carry some associations of citizens allocated with the right of realisation of separate state-imperious functions. As their discriminating line their special relations with public authorities that allows to apply to them the public status» [53] act also.

Signs of professional public legal associations which we here have noted, kumuljativny, i.e. Only taken in aggregate, they give the chance to allocate public associations of the given kind from a lump of various associations and to distinguish them from other a various sort of the social collectives having, including professional character, from the state bodies, official bodies, etc.

the Similar point of view is expressed by L.J.Grudtsyna who under professional legal communities, concerning their development and activity in Russia, suggests to understand «the voluntary and operating according to Russian legislation voluntary, homing, noncommercial formations created at the initiative of lawyers, the legal interests which have consolidated on the basis of a generality for realisation of the professional purposes specified in the charter of public association, and being the form of the state support of institutes of a civil society» [54] .

summing up to our reasonings on the nature and signs of professional public legal associations, we will make of them definition.

Professional legal public association is the association created on a non-governmental (not state) basis proceeding from common interests, the purposes, problems, and consisting of representatives of the legal trades having the juridical education.

Thus, defining essence of professional legal public associations, we will allocate two key signs of the professional public legal organisations:

- these organisations should consist of representatives, persons of the legal trades having the juridical education;

- these organisations should have public character, that is have a non-governmental (not state) basis.

the Given lines constitute the legal nature of the professional public legal associations which are, in turn, a version of public associations.

First sign allocates as a whole all professional legal associations. In modern conditions it is possible to receive the diploma of the master of jurisprudence, not having the base juridical education that causes certain questions to quality of preparation of members of legal community.

Second sign forms criterion with which help probably to allocate a version of the professional legal organisations proceeding from their accessory to the state. By this criterion it is necessary to discriminate, for example,

- on the one hand, the judicial and public prosecutor's associations created in the mechanism of the state and allocated with corresponding imperious powers, answer first sign of the professional legal organisations, but do not answer the second;

- on the other hand, lawyer and notarial formations which are created on a non-governmental (not state) basis, delegation
it of separate functions occurs only from state authorisation at standard level at certain political modes.

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A source: Eltsov Nikolay Sergeevich. PROFESSIONAL LEGAL PUBLIC ASSOCIATIONS In Russia: TEORETIKO-LEGAL RESEARCH. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Tambov - 2015. 2015

More on topic § 1. Concept and signs of professional legal public associations:

  1. Eltsov Nikolay Sergeevich. PROFESSIONAL LEGAL PUBLIC ASSOCIATIONS In Russia: TEORETIKO-LEGAL RESEARCH. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Tambov - 2015, 2015
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