چکیده:
Attorney/proxy is one of the old legal institutions that has a long historical background and cannot be limited to a specific period. The history of the emergence of attorney/proxy dates back to a time when people were no longer able to resolve their disputes by force, meaning the time when civil law was written for dispute resolution and a judge was appointed, making the presence of an attorney alongside the judge necessary. The history of civilization and the fate and evolution of nations and peoples shows that legal assistance to people and their guidance and counseling in this field—in cases where financial or family disputes arose, as well as defending them in cases where they were accused of violating customs or committing a crime against society or individuals and were being prosecuted—emerged simultaneously with arbitration and judging. This task was undertaken for individuals and on behalf of those who did not have the necessary ability in this regard by those who had the necessary knowledge of traditions, customs, laws, and rulings. In this article, the history of attorney/proxy and its legal developments in two Muslim countries (Iran, Republic of Azerbaijan) that house the largest number of Shiites in the world and have seen the most political and cultural transformations and consequently legal transformations in recent decades are examined and studied.
خلاصه ماشینی:
B) Legal Developments of Advocacy 1-1 Before the Independence of the Bar Association As previously mentioned above, before the formation and establishment of the Adalatkhaneh, individuals acted as informal advocates without any conditions to achieve justice in courts and defend the rights of the people.
In the year 1374 and its amendment in 1376, a single article was approved by the Islamic Consultative Assembly, according to which most government agencies or state-affiliated bodies and non-governmental universities gained the possibility of using an advocate or legal representative to file lawsuits or defend claims in judicial authorities.
To this end, a special commission was formed whose members included the Minister of Justice of the Azerbaijan Soviet Socialist Republic, the Prosecutor General of the country, representatives of the Department of Judicial Research for Workers and Peasants, and the Council of the Union of Country Colleagues; by that same commission, the new Association of Defenders and its method of operation were formulated and presented.
Individuals who had obtained higher education in judicial sciences and law in the Azerbaijan Soviet Socialist Republic and were citizens living there had the right to participate and be members of the association of defense lawyers; individuals with a history of conviction or those under legal prosecution did not have the right to membership in the association of defenders of rights.
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