The three most important events of the last time

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Last Updated on Wednesday, 20 May 2015 13:25

Once again, I'm in Passau, Germany - this time for a double Master's degree program. I have studied in this small Bavarian town before for two semesters, and seemed to see everything. But such is the peculiarity of Passau: Each time this confluence of three rivers you meet something new for themselves. That happened in my present "legal" life in Passau.

The first - a course on the basics of advocacy. The Law Institute of SFU said about the same thing in the course of law enforcement agencies (the block "Bar"), a number of special courses offered to the students of the department of criminal proceedings under the supervision of Ph.D. associate professor AD Nazarov Law Clinic Law Institute of SFU led Ph.D., assistant professor IA Shevchenko and the Chamber of Advocates of the Krasnoyarsk Territory. But in Krasnoyarsk the whole block of disciplines was formed long ago, and there is even a separate master's program in "advocacy" in Passau corresponding special course is offered to senior students recently, the last few years.

The usual forma of the German specialized courses - Intensive for two full four days of training, providing active participants. I was lucky. Firstly, I and Rovba Alina, the second party to a joint program of training in the magistracy, were the only Russian on the course, which reduced the possibility of being distracted by unnecessary talk. Secondly, the exchange rate were not university professors and lawyers acting, members of the leadership of the Munich Chamber of Lawyers, the largest in Bavaria.

Without false modesty, I confess that the Russian undergraduates was significantly greater amount of practical knowledge than

German students from 3-4 courses (for example, I had to work in our Legal Clinic and a bit at the law office). It is worth considering - it is effective only theoretical training of German students, though built on solving cases? As a result, we have passed the exam, the final intensity, better than the Germans.

An additional bonus of new knowledge - the ability to compare German and Russian legal profession. For example, the procedure of obtaining the status of a lawyer. In Russia, you need to have a solid legal experience, as well as a special examination; in Germany every high school graduate, having completed his law degree, after a special application to the Chamber of Attorneys of the region could become a lawyer.

However, a lawyer in Germany can "specialize" on a particular area of ​​law (commercial, criminal, tax, etc.). For this it is already required to have a certain amount of baggage in the successful cases in the industry, customer base, and then served a motion in the legal community about granting the status of "specialized lawyer." This status primarily means an increase in the number of customers who are between "simple" and advocate "specializing" choose, of course, the latter.

It is not a secret that lawyers make some special mistakes - forget about deadlines, no appeal against the decision, misinterpret the law for the client during the consultation. In Russia, most of the responsibility of lawyers is regulated by the Federal Law "On Advocacy and the Legal Profession in the Russian Federation" and the Code of professional activity of a lawyer. In Germany, domestic regulation is also available, but even all lawyers engaged in the practice of law, are required to insure their activities. This means that if a lawyer makes a legal error, then the insurance company reimburses the damage to his client. The amount of insurance payments depends on cases which a lawyer has been involved in. According to the statistics, every 5 years every German lawyer commits legal error, resulting in an insured event occurs.

It is noteworthy that the insurance market of legal services in Germany is increasing. There were even lawyers who specialize only in that represents the former clients of other attorneys and prove that the previous lawyer

committed legal error.

Personally, I'm talking about the insurance of legal activity in Russia we have not heard, but, for sure, this kind of talk is already underway.

Another meaningful event was a visit to the detention center in Straubing. It is one of the largest prisons in Germany, including contained dangerous criminals, collected from all parts of Bavaria and other federal lands.

Not so long ago on the territory adjacent to the prison opened "correctional center", although this name a bit strange for us, because the center of the inhabitants - those who have committed violent and sometimes very violent crimes - terrorists, maniacs, pedophiles ...

Center - is an analogue of life imprisonment, but provides for the possibility of an earlier release. All of the "students" (the term "prisoners" are essentially not used) have a mental or physical disability, which is why they have committed crimes. This distinguishes them from ordinary prisoners who are literally on the territory of a neighboring wall of a conventional prison. Germany deliberately went at it, winning the case in the European Court of Human Rights on the application of such measures, implies the possibility of a life sentence. By the way, the head of the center is a lawyer Clemens Schmidt, who once was on a visit to Krasnoyarsk in Kan juvenile correctional facility at the invitation just a head of the department of criminal procedure Law Institute FAS AD Nazarov.

Correctional Centre in Straubing. Left - 3rd year student IFiYaK Chudaeva Hope, she also learns there exchange

Pupils of the center (about 70 people), not only physically isolated from normal society, but also pass special courses and psychological therapy to reduce the possible danger of the offender. All students once a year, and in some cases more often undergo a complete inspection, which resulted in the conclusion of the danger or the potential of non-hazardous "release". Thus, the pupil may be released after one year, and may hold on to the territory of the center for the rest of life.

At the disposal of each pupil - a room with a private bathroom, a toilet and a small kitchen. Rooms are combined into blocks for 6 people. These six there is also a communal kitchen, a room of leisure. Pupils have the right to furnish the center of the room at will, including the ability to buy their own furniture, TV, and even game consoles. Under an agreement with the prison inmates of the center can be shared with the prisoners play football, table tennis or volleyball.

We have solved the question of the possible provision of access to the Internet (but without the use of social networks) - presumably in a specially equipped training room in a separate building.

All students are required to work, except in cases where a pupil is sick or too old. The center and the prison has two dining rooms, two kitchens, a bakery, a workshop for production of pottery and wood products. Every year there is even a special exhibition where students sell crafts.

As students work, they are entitled to receive a salary, which amounts to about 500 euros per month, disabled students receive pocket money in the amount of 50-70 euros. With the money you can order food at the store, buy the book ... On average, the content of one pupil costs by 2-2.5 times more than usual content of the prisoner, which is about 20 euros per day.

An important step in reducing the risk of the pupil is his resocialization. Thus, shortly before the possible release of the pupil can go to the city to carry out basic things - to put money into the phone, see the apartment, choose the furniture, etc. Access to the city makes it a member of the center, because for many students is the new reality, and even shocking, some have seen the euro on TV, do not use smartphones and others. After the release of each inmate by law supposed to "caregiver" among relatives or friends, a social worker who will make sure that the pupil had quit working, paying bills for the apartment, and others. By the way, at present, only one was released from the pupil center, but unfortunately came back after a short time again commit a crime.

The third event of my German life has not happened yet, but I hope that everything will take place. In February, I will practice at a German consulting company «BNT» in the city of Nuremberg. Experience in similar work (in the company «Rödl und Partner») I have. «BNT ATTORNEYS-AT-LAW» - is an international law firm with offices in 10 countries in Central and Eastern Europe, which provides legal services in all major sectors of commercial law. I am confident that the current practice will be organized at the highest level, because it is Germany. By the way, I came to the company due in part to work there HARSHNEK lawyer Sebastian - he was trained in FAS exchange program, and his company has ties with Krasnoyarsk.