Interaction between advocate and notaries in the implementation of human rights activities in relation to persons in custody, as well as persons serving a sentence in a detention center
Purpose: Proposing solutions to the law enforcement problem of providing qualified legal assistance by lawyers and notaries to persons in custody (as well as persons serving a sentence in a pre-trial detention facility). Methodology: Comparative-legal and formal-legal methods were used. Results: The lawyer acting as a party and guarantor of the protection of rights and freedoms of his principal must perform his duties reasonably and in good faith. One of the mechanisms of human rights activities in relation to the fixation and fixation of legally significant circumstances is the application to a notary for a notarial action. In view of numerous law enforcement problems connected with the organization of notary’s visit to the person who is in custody and the person serving his sentence in the detention center, the author suggests the possibility of «primary» establishment of will of the person and legally significant circumstances by the notary. to simplify the procedure of qualified legal assistance by notary, implementing one-time visit with a ready document which will be signed only after a full and comprehensive check of the will. This procedure will simplify the procedure of rendering qualified legal assistance by a notary, carrying out a single visit with a ready-made document, signing of which will be possible only after a full and comprehensive verification of the will and circumstances of the case of the applicant. Novelty/originality/value: The article has a high scientific value, since for the first time in Russian jurisprudence the connection between notary and lawyer has been substantiated and revealed in the framework of the implementation of human rights activities in relation to persons in custody, as well as persons serving sentences in a pre-trial detention center.