Russian Federation

Contract for the provision of legal aid is in writing in two copies – one for each side. Each copy must be read and signed by each party personally or through a representative, whose authority must be confirmed by a power of attorney. To such a contract may be attached to the minutes. When circumstances arise that require documentation of the additional agreement to the contract or a new contract. Signing of the contract must be preceded by approval of its terms by the parties, checking the correctness and accuracy of the information (dates, numbers, names, details, etc.) specified in the contract. Agreeing on all terms legal assistance and signed a contract to make payment of the Executive (the lawyer).

There are two basic ways to determine the remuneration for providing legal aid. The first is the hourly pay of the Executive (the lawyer). With hourly pay remuneration determined by the number of hours spent on the response to the request for legal assistance under this considered only the time directly spent on the response to this request. Time spent on activities related to the execution order (the travel time, waiting for hearing in court, the time spent on analysis of legislation, etc.), but not the subject of the contract payment is not refundable. With hourly billing prepayment, its size is determined by the expected number of hours spent on the execution order.

In If the amount of prepaid hours exceed the amount actually spent, undeveloped portion of the fee shall be returned to the principal. The second way is to establish a fixed amount of remuneration for legal assistance. The amount of remuneration is determined by project cost performance of the commission, which takes into account the complexity of the case and includes the time taken by the Executive for the provision of legal aid costs such assistance. When determining the remuneration and its size should take into account the opinion of the Constitutional Court of the Russian Federation expressed in Resolution Constitutional Court of 23.01.2007 1-P, namely: in the current legal regulation of the relations of compensated rendering of legal services they are not expected to meet the requirements of the Executive on the remuneration under the contract of compensated rendering of services, unless this requirement justified by the condition that puts the size of payment services, depending on the court decision to be taken in the future. This means that the customer (the principal) pays only for work performed by the Executive (a lawyer), but not decisions made in the case of government agencies and institutions. Thus the size and the payment of compensation can not depend on decisions made by state authorities, because they are not made by the Executive (Counsel) and, accordingly, are outside its competence. Determining the amount of remuneration must choose a way of disbursements. Remuneration can be made as bank transfer through a bank, and by making cash (through cash or bank transfer) at the expense of legal practice, law firm. Calculation with lawyers in private practice is carried out by direct transfer cash, in this case, the executor is obliged to issue a receipt stating the amount of funds received, date received, from whom on account of which received such funds. Thus, the fulfillment of the requirements law when entering into and performance of the contract for legal aid cuts risks of infringement of lawful rights and interests of the parties to such agreement. In turn, knowledge about the contract is prerequisite for the execution of the above requirements.

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Risks of Freedom

Many prefer to live enslaved with security to live free running risk. The slave lives under the protection of enslaves who it or of who it chose to enslave it. The free ones in the risk are owners of its lives and stimulated by the destemor and autoconfiana. Osque had made the first option pparently lives without problems, therefore they count on the support of a pseudo-security. The ones that they had opted to the risk of the freedom live surrounded of difficulties, problems, make look like misfortune. But, although the real risks, are loyal in the treatment and defenders of the freedom, have peace in the heart and are happy even in way to the worse tribulaes.

The slaves of the security are sour, legalist, judges of the free people who consider reckless and intempestive. From fear, cowards become and traem the free ones of truth. The security of the fearful ones is in the men; the security of the free ones is in the auto-confidence of who if it knows ally of God, the liberating Being freest and. The fear is the enemy greater of freedom and of the faith. ‘ ‘ Why you tend fear, men of little faith? You believe in God (Father and Mother), you believe in mim’ ‘. People with fear are not free.

To win the fear is the first step to conquer the freedom. The apparent security of the fearful one is mannering paralysis. The freedom impels to the fight. Who is free takes the risk of the freedom and liberator becomes. The slaves are generating of death, because they do not dare to bet in the life and its risks. The slaves live anxious for the fear to lose its false security. But the free ones wait and trust God. Therefore anxiety and fear live without, without desires and manipulations pra that the things happen as they want, but send to everything to the sovereign will Mr.

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Universe of Freedom

They do not constitute two universes, but two structural dimensions of the universe of the freedom. Right and duty coexist in it two necessary elements, complementary correlatives and function correlative integrated and one to the other. The bond and responsibilities of the freedom are other names pra. Pra it to function corretamente, it requires the functioning of these two basic elements of the healthful human relationship. The freedom will not be able to only function correctly in the dependence of one of these elementos, the expenseses of the other.

If this to happen, it will outside act of its axle, generating right in excess for few, and deveres in excess pra majority. Therefore, right and duty are for the freedom as well as plates are pra scale: without them, the scale does not function. Free fondness to be considering right without the duties, is as to weigh merchandises in one balance of a plate alone. Therefore, if I am object of rights, also I am subject of duties. The freedom if moves between these two extreme and complementary polar regions. It does not have as to escape of this dualidade without alternative. Therefore, I cannot have right or only alone to have: both need to function integradamente. Not it can have right without having, nor to have without the right correspondent.

When few have rights and the majority, duties, the privileged ones oppress the majority. There it is the root of the injustices in the world. Justice is part of the duties of the citizen, independently of the creed. However, to have is debit. My duty is my debit with the fellow creatures. who must, needs to pay.

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The subject that I go to display now is of odd importance in the life of the existenciais citizens. It says respect to the fact of that our condition is of freedom to choose what we will make in our lives. When we lose the freedom condition, we find in them in a situation where we react with contrary feelings to who in them removed the freedom. We react with hatred, anger against who in them removed the freedom. But so that let us reconquer our freedom, we must enter in contact with the feelings contrary that we live deeply. It reconquers it of our freedom makes with that let us have a feeling of identity and dignity that we are characteristic.

In periods of conflicts, where the freedom is denied in them, we react against that in them it curtails our freedom. If we cannot be free, we express our indignation with opposing feelings to that they had been removed in them. We need our sense of dignity and our identity, but for this, we must enter in contact with what we feel, either hatred, anger, envy or any other feelings that we deny to reveal. The society contemporary denies the fact of that the citizens react of negative and express form contrary feelings. The proper bourgeois society does not take in consideration what the express citizen contrarily what it is established. Instead of widening our field of perception and searching to know what we feel in anger terms, hatred, resentment, envies, anger, anger among others feelings that we deny to reveal, therefore in accordance with the social system, it is not acceptable to express what it is of individual and interior will of each human being. But with the negation of the feelings closest, we will not obtain to reach our condition of freedom to choose.

In the truth, already we are born free, but we do not have conscience concerning this freedom. But when the freedom is removed in them, we enter in contact with our closer feelings. Our reaction is express on the form of actions of agent against principal the ones that had been curtailed in them. If we do not know what we feel, as we will know what to choose for our life? This question could only be answered by the person who to obtain to enter in contact I obtain same and with its potentialities to choose what to understand well. The analogy that Rollo May makes enters the arrest represented for the bird cage and the freedom condition that was denies explains very as well as reacts contrarily to who in them removed our freedom.

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