Перспективы страхования как механизма обеспечения доступности юридических услуг в России

Pravoprimenenie

Анастасия Евгеньевна Михалева¹  Владислав Юрьевич Панченко¹ 

[1] Сибирский федеральный университет

关键词: Страхование;    юридическая помощь;    юридические услуги;    юридическое содействие;    юридические препятствия;    реализация прав и законных интересов;    правовое регулирование;    правовая жизнь;   

DOI  :  10.24147/2542-1514.2017.1(3).82-89

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

The subject. Nowadays a variety of civil law studies actively discusses the issues of insurance regulation. However, legal expenses insurance is unknown to Russian legal doctrine and practice. The research focuses on legal expenses insurance. The purpose of the article is to reveal a potential that legal and economic instruments have in comparison to other guarantees of unobstructed enjoyment of the rights and legitimate interests. The methodology. It is a comparative law approach that allows to describe the peculiarities of legal expenses insurance in foreign countries, outline the criteria to match the existing models, determine their similarities and differences as well as benefits and drawbacks. Economic analysis of law is helpful to evaluate the convenience of a new tool for citizens and its influence on the level of their legal expenses. The results, scope of it’s application. As a result, the article argues that legal expenses insurance improves the financial accessibility of qualified legal assistance and stimulates legal activity, since it does not impose any formal restrictions on the clients, the content of the contract or the sphere of its application. Meanwhile, the research formulates and characterizes some difficulties that may occur in the course of introduction of this institution to Russian law. Primarily, such obstacles include the low level of insurance culture, the need of significant amendments to legislation in force and the lack of professional expertise in this field. Despite different political and legal obstacles, it is necessary to create an effective model of legal expenses insurance in Russia in order to improve Russian legal system and form the culture of getting legal services in time. Conclusions. The insurance mechanisms provide citizens with an opportunity to minimize their legal and financial risks connected to unforeseeable situations, which require covering costs of professional legal assistance. The authors conclude that legal expenses insurance is able to become an additional guarantee to the right to qualified legal assistance in case of appropriate adaptation to current conditions of Russian legal life and legal mechanisms. .

【 授权许可】

CC BY