№3 — 2018 — 29
УДК 347.965.13
Sakharova Ju. V.
TYPES AND FORMS AND A LEGAL AID LAWYER AT THE PRE-TRIAL STAGE OF THE RESOLUTION OF HOUSING DISPUTES
The article considers the concept and a number of classifications of housing disputes that take place in practice and stand out in the legal doctrine (E. P. Danilov, A.V. Zakarlyuka, L. M. Pchelintseva).
The article also notes that not all ten types of legal assistance provided by lawyers at the pre-trial stage of resolving housing disputes are applicable. At the pre-trial stage of settlement of housing disputes, the type of legal assistance of a lawyer is the protection of housing rights in an administrative manner by filing an application or complaint on behalf of its principal with a state body, a local government body or an official who is superior to the person who violated the right. The article analyzes the principle of legality in the activities of a lawyer in relation to the study area. The Central place in the process of providing legal assistance by a lawyer, including in the field of housing relations, is the procedural activity of a lawyer-representative, since the whole complex of procedural rights (appeal to the court; presentation of evidence; participation in the process of judicial evidence; statement of challenges; statement of petitions, complaints, etc.).) the lawyer realizes in the procedural form established by the legislation. Non-procedural form of legal assistance in relation to the procedural form of legal assistance is subsidiary, may precede or accompany procedural forms. This form of lawyer’s work is typical for the pre-trial stage of dispute resolution, including housing relations, and consists of consultations to the principal, advice, conversations, etc.
Keywords: housing disputes, lawyer, pre-trial dispute resolution, procedural form, non-procedural form
