The Federal Chamber of Lawyers will prepare detailed explanations on the application of measures disciplinary responsibility lawyers. It will be spelled out in detail when a lawyer should be deprived of his status, when a remark is enough.
President initiated the process Federal Chamber lawyers Yuri Pilipenko. He sent a corresponding request to the FPA commission on ethics and standards. According to experts, today there is a contradictory practice on the ground. For which they will deprive the status in one region, in another they will simply warn. And then forgive. But the approaches must be the same. In addition, sharp discussions broke out among the defenders on a number of issues, for example, should a lawyer be demoted for not dressing like that? Therefore, clarification is needed. "Several events have recently taken place in the legal community, which forced me, as the president of the FPA, to seek clarification regarding the application of disciplinary measures," Yuri Pilipenko explained.
For example, the case of a defense lawyer who came to court in shorts and a bandana caused a great resonance. The Regional Chamber stripped him of his status. However, the lawyer appealed this decision in court. The lawyer himself explained that this was not his permanent business style It just happened that day. He was going to change, but he didn't have time. The court of first instance ruled in favor of the defender. The regional bar association intends to file an appeal. The dispute continues.
The President of the Federal Chamber of Lawyers notes that, according to the norms of the Lawyer's Code of Professional Ethics, the application of measures of disciplinary liability to a lawyer, including the termination of the lawyer's status, is the subject of the exclusive competence of the Council of the Bar Association.
When determining the measures of disciplinary liability, the gravity of the misconduct committed, the circumstances of its commission, the form of guilt, and other circumstances recognized by the Council as significant and taken into account when making a decision, must be taken into account. In other words, everything must be weighed.
The Code of Professional Ethics of a Lawyer provides for three types of punishments for defense lawyers: reprimand, warning and deprivation of the status of a lawyer. At the same time, a person deprived of status will be given a certain period - from one to five years - during which he is not entitled to claim the return of the crusts. After this period, the "demoted" has the right to try his hand at the exams again.
Specially selected "RG" experts answer the legal questions of readers .
Meanwhile
President of the Federal Chamber of Lawyers of the Russian Federation Yuri Pilipenko sent to CEO a letter to one of the major Russian airlines with a proposal to name one of the aircraft after the great Russian lawyer Fyodor Plevako. "The best professional and ethical traditions of sworn attorneys are passed on from generation to generation of lawyers, the modern Russian bar perceives and develops them in new conditions," the letter says. Fyodor Plevako "in the public mind even today personifies the institution of sworn advocacy, his name became a household name during his lifetime and is invariably remembered first of all now when it comes to a fair trial," the letter says.
Hello Lily!
The grounds for the termination of the activities of a lawyer are specified in the law "On Advocacy and the Bar"
If the lawyer deceived you, write a reasoned complaint against him to the Chamber of Lawyers Novosibirsk region http://www.advpalatanso.ru/ .Article 17. Termination of the status of a lawyer
1. The status of a lawyer is terminated on the following grounds:
1) a personal statement of a lawyer in writing about the termination of the status of a lawyer;
2) the entry into force of a court decision on recognizing an advocate as incapable or with limited capacity;
3) within six months from the date of the occurrence of the circumstances provided for in Clause 6 of Article 15 of this Federal Law, the chamber of lawyers lacks information about the choice of the form of a lawyer's education by a lawyer, as well as information about the lawyer's education, the founder (member) of which is a lawyer;
4) the lawyer's death or the entry into force of a court decision declaring him dead;
5) committing an act discrediting the honor and dignity of a lawyer or detracting from the authority of the bar;
6) non-performance or improper execution by a lawyer of his professional duties to the principal, as well as non-fulfillment of decisions of the bodies of the Bar Association, adopted within their competence;
7) the entry into legal force of a court verdict on the recognition of a lawyer guilty of committing intentional crime;
8) establishing the unreliability of the information submitted to the qualification commission in accordance with the requirements of paragraph 2 of Article 10 of this Federal Law, as well as the identification of the circumstances provided for in paragraph 2 of Article 9 of this Federal Law.
2. The decision to terminate the status of a lawyer is made by the council of the bar association of that subject Russian Federation, in the regional register of which information about this lawyer is entered. In the cases provided for in subparagraphs 5 and 6 of paragraph 1 this article, the decision is made by the council of the relevant bar association on the basis of the conclusion of the qualification commission.
3. Within seven days from the date of the decision to terminate the status of a lawyer, the council notifies in writing the person whose lawyer status has been terminated, except for the case of termination of the lawyer’s status on the grounds provided for in subparagraph 4 of paragraph 1 of this article, the relevant bar association, and also relevant territorial body Justice, which makes the necessary changes to the regional registry.
4. The decision to terminate the status of a lawyer may be appealed to the court.
5. The territorial body of justice, which has information about the circumstances that are the grounds for the termination of the status of a lawyer, sends a submission on the termination of the status of a lawyer to the Chamber of Lawyers. If the Council of the Chamber of Lawyers within a month from the date of receipt of the relevant submission has not made a decision to terminate the status of a lawyer in relation to this lawyer, the territorial body of justice has the right to apply to the court with an application to terminate the status of a lawyer.
No matter how sad it may sound, competition today comes down to the principle “the end justifies the means”. At the same time, those who must solve their problems in a maximum of civil litigation, and even behind the "peace pipe".
Often you have to deal with a situation where the composition is there, and the evidence cannot be collected except for an initiated criminal case, and the “topic” does not seem to be for the investigator “from God” - the first year will deal with it, but you won’t achieve the initiation of a case for years .
Against the background of such situations, cases are immediately noticeable, the existence of which was recognized back in 2006 by Comrade. Yu Chaika.
The main features of custom-made criminal cases are known to all practicing lawyers:
- Early excitation under articles of a small or mild category of severity;
- Complete denial of defense petitions by the right-holders;
- Delaying the investigation until the ecumenical deadlines - over a year at least;
- Appointment of lengthy, absolutely not affecting anything examinations;
- Attempts to find all kinds of sins of the defendant that have nothing to do with the plot of the investigation;
- The complete inversion of the personal life of the person involved with the full complex of ORM (in the hope of finding at least something for which one can really be attracted to criminal liability or blackmail)
- Election of preventive measures against the person involved in his business activities, the widespread use of various forced deliveries, etc.;
- Withdrawal of signatures on non-disclosure from defendants, defenders;
- Active defamation of the defendant through manual media.
Successfully carrying out defense in a similar case together with three more defenders, we had to face a situation in which we were told that, in his opinion, such behavior of lawyers did not suit him, and then proceeded to the direct punishment of “recalcitrant resistance”.
The investigator sent a proposal to the Office of the Ministry of Justice of the Russian Federation for KO to take measures to eliminate the circumstances that contributed to the commission of the crime (other violations of the law)!
Yes, yes, that is exactly what the committee investigation called its libel. Lampoon describes the most terrible and vile, in the opinion of the investigation, the behavior of the four defenders. You can read it even after the incorruptibility of J. Hasek about the Brave Soldier Schweik, because there is something to laugh at. Some formulations will touch you to tears, other expressions, perhaps, will cause heartfelt laughter, but the picture will be terrible. Terrible from what categories people operate and think, carrying the uniform for almost 15 years.
The Department of the Ministry of Justice of the Russian Federation for the Kemerovo Region "digested" the process of brain activity (or vice versa) of the investigation and gave birth to the idea of the termination of the status of a lawyer, and in relation to four defenders at once, none of whom had time to make a fine before ...
Yes, things ... A serious approach to us today, comrades! After studying the text of the presentation, it definitely becomes not funny. Most likely, it was signed without looking, without the slightest attempt to somehow critically understand the arguments of the above libel. Moreover, the Directorate of the Ministry of Justice of the Russian Federation for KO obviously did not study the material attached to the libel as much as 59 pages.
Personally, the investigators had the following claims against me:
- He dragged out the terms of familiarization - in 10 days he got acquainted with the case only 9, and of them only two days off (apparently they wanted four days off), and in his laziness he got acquainted during this time with only eight volumes in full and four volumes in part.
- He filed a petition that goes against the will of the Principal. (True, the Principal himself does not think so, but quite the opposite).
- Being a lawyer by agreement (that is, a person who is invited only by the Principal himself, and not by the investigator), together with his Principal, he was late for 30 minutes to fulfill the requirements of part.ch. 4, 5 art. 217 of the Code of Criminal Procedure of the Russian Federation, as a result of which the investigation and three other defenders were worried and worried (I think that only the investigator was worried).
Approximately 10 - 15 minutes after our arguments were heard, the qualification commission terminated the proceedings, i.e. limited to the stage provided for by paragraph 2 of Art. 22 KPEA. With regard to my comrades, the commission made similar decisions.
With the realization that “the power is in truth”, my representative and I left the meeting and in less than half an hour we got “out of the fire and into the frying pan” - into a story that, our colleague,
And what about the criminal case itself? - you ask. Terminated on 07/15/2015 under paragraph 2 of part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation - for the lack of corpus delicti. With a term of investigation of about 18 months ... under Art. 315 of the Criminal Code of the Russian Federation!
The first deputy prosecutor of the region twice in a row returned it to committee members, and those from the regional administration, in order to maintain indicators regional structure, sent him to die ingloriously "on the ground." That is where he is dear. Buried. Recovery ahead.
And from subscriptions about not disclosing data preliminary investigation we, our Principal and his defenders, were freed by the investigation "on the ground". I announce with a pure heart!
VC. BOTNEV, candidate legal sciences, Senior Lecturer of the Russian Academy public service under the President of the Russian Federation Topical issues related to the termination of the status of a lawyer are considered. The necessity of introducing amendments and additions to the Federal Law "On Advocacy and the Bar in the Russian Federation" is substantiated.
This article was copied from https://www.site
Pages in the magazine: 67-69
VC. BOTNEV,
PhD in Law, Senior Lecturer at the Russian Academy of Public Administration under the President of the Russian Federation
Topical issues related to the termination of the status of a lawyer are considered. The necessity of introducing amendments and additions to the Federal Law "On Advocacy and the Bar in the Russian Federation" is substantiated.
Key words: lawyer status, termination, professional ethics, crime, prohibition, professional duties.
The termination of the status of the lawyer
In article the pressing questions connected with the termination of the status of the lawyer at the present stage are considered. The author proves the necessity of entering, changes and additions for the Federal act “About lawyer activity and legal profession in the Russian Federation”.
Keywords: status of the lawyer, termination, professional etiquette, crime, interdiction, professional duties.
Article 17 of the Federal Law of May 31, 2002 No. 63-FZ “On Advocacy and Advocacy in the Russian Federation” (hereinafter referred to as the Law on Advocacy; Law) defines in great detail the procedure for terminating the status of a lawyer, stipulating it, on the one hand, purely formal reasons , and on the other hand, various violations by the lawyer and the subsequent measures disciplinary action. The list of grounds on which the status of a lawyer is terminated is exhaustive, which makes it possible to exclude the possibility of deprivation of status on other grounds.
Termination of the status of a lawyer entails the loss of the relevant rights and release from the duties generated by this status, excluding the obligation to comply with attorney-client privilege. The possibility of interrogating a former lawyer as a witness about the circumstances that became known to him in connection with the provision of legal assistance is also excluded. In the event of termination of the status, the former lawyer is obliged to settle relations with his principals: return documents to them, as well as resolve all financial issues.
A person whose status as a lawyer has been terminated is not entitled to practice advocacy, as well as to hold elective positions in the bodies of the bar association. However, at present, the legislation of the Russian Federation does not indicate any liability for this violation, although these actions are essentially a form of fraud and should entail serious liability arising from the public law function performed by lawyers. It seems that in connection with the adoption of the Law on Advocacy, appropriate changes should be made to the Code of Administrative Offenses of the Russian Federation, and possibly to the Criminal Code of the Russian Federation.
Subparagraph 5 of paragraph 1 of Art. 17 of the Law provides for the termination of the status of a lawyer when he commits an act that discredits the honor and dignity of a lawyer or detracts from the authority of the bar. The law does not contain a definition of such an act or a direct reference to by-laws in which this definition should be given. The Code of Professional Ethics of a Lawyer (adopted by the 1st All-Russian Congress of Lawyers on January 31, 2003) also does not answer the question of which of the rules established by it and the Law on Advocacy, if violated, entails the termination of the status of a lawyer. The legislator leaves this issue to the discretion of the Council of the Chamber of Advocates and the Qualification Commission, the conclusion of which is mandatory upon termination of the status of a lawyer on this basis. In this regard, generalizations of disciplinary practice and recommendations of the Council of the Federal Chamber of Lawyers, which should be developed in accordance with sub. 8 p. 3 art. 37 of the Law on Advocacy. At the same time, it seems that the Code of Professional Ethics of a Lawyer should formulate clearer criteria for classifying an act as discrediting the honor and dignity of a lawyer or detracting from the authority of the bar, so as not to cause conflicting law enforcement practice.
The article under study establishes that the basis for the termination of the status of a lawyer is the entry into force of a court verdict on the recognition of a lawyer guilty of an intentional crime. The question arises: how, for example, does the sentence of finding a lawyer guilty of an intentional crime under Part 1 of Art. 129 “Slander” of the Criminal Code of the Russian Federation, the punishment for which does not include imprisonment, and, for example, a sentence to find a lawyer guilty of a negligent crime under Part 3 of Art. 264 "Violation of the rules traffic and operation Vehicle» of the Criminal Code of the Russian Federation, the punishment for which provides for the use of imprisonment? It becomes obvious that it is necessary to consider the issue of a different wording of sub. 4 p. 1 art. 17 of the Law on Advocacy, for example: "the entry into force of a court verdict on the recognition of a lawyer guilty of an intentional crime or a reckless grave crime."
A questionable criterion, according to V.I. Sergeev, according to which a lawyer may be deprived of the status of a lawyer, is the non-fulfillment or improper fulfillment of his professional duties to the principal, as well as decisions of the bodies of the Bar Association, adopted within their competence. The author believes that the termination of the status of a lawyer is only for non-fulfillment or improper fulfillment of obligations to the principal (practically, it is not difficult for an interested person or body to “organize” such a reason, it is enough to prepare several initiated complaints from principals) or for failure to comply with any, even the most insignificant, circular of the Chamber of Lawyers (the law does not provide for an assessment of the importance of such a circular) - this is a rather severe measure that is not due to common sense, since the Law on Advocacy does not contain other less severe measures that can be taken against negligent lawyers for at least the same bad faith towards a client or failure to comply instructions and circulars of the chamber and its bodies. If there are grounds for termination of the status of a lawyer, specified in subparagraphs 1 and 3 of paragraph 2 of Art. 17 of the Law on Advocacy, a lawyer from a legally protected person turns into an unlimitedly vulnerable figure, completely dependent on his executive body. Such norms neutralize the guarantees of advocacy established by the Law and make any principle of a lawyer in defending the interests of his client meaningless.
The Law on Advocacy absolutely does not define the further fate of a lawyer after the termination of his professional status by the Council of the Chamber of Advocates for a disciplinary violation. In particular, the Law does not say anything about the possibility for a lawyer, whose status was terminated by the decision of the Council of the Chamber of Lawyers, for example, for incorrect behavior in court, to return to the bar. Theoretically, nothing prevents a lawyer after the termination of his status, having collected the necessary documents, to re-submit an application to the Council of the Chamber of Lawyers, but the question is who will accept it if the Council itself recently terminated his status. Most likely, based on the interpretation of the Law, such a lawyer is simply deprived of the opportunity to return to the bar again. There is a clear paradox here: theoretically, according to the current Law, a person who has committed, for example, a robbery, can be a lawyer (subject to the removal or repayment of a criminal record), and a lawyer who has shown incorrectness in relation to, for example, a principal, for which his status was discontinued, no. An obvious gap is also seen in the fact that the Law on Advocacy does not provide for not only the procedure, but even the very possibility of lifting a disciplinary sanction in the form of termination of the status of a lawyer for committing a disciplinary offense at all.
There is also some concern about the absence in the Law on Advocacy of an indication of the possibility of rehabilitating lawyers in the event that amendments and additions are made to the Law and the Code of Professional Ethics of a lawyer, canceling or changing the criteria for recognizing a lawyer guilty of committing a disciplinary violation. In this regard, it would be appropriate, in our opinion, to amend Art. 7 of the Law on Advocacy and the Bar, supplementing it with part 3 of the following content:
"3) the introduction of amendments and (or) additions to this Federal Law and (or) to the Code of Professional Ethics of a Lawyer, eliminating the disciplinary responsibility of a lawyer for previously committed actions that entailed bringing him to disciplinary responsibility, leads to the rehabilitation of a lawyer."
The law on advocacy, even in its amended form, theoretically provides for the possibility of reprisals against a lawyer and the hands of the lawyers' chamber, especially against principled lawyers, whose opinion does not always coincide with the opinion of the leadership of the lawyers' chamber. At the same time, the opinion of other lawyers, the lawyer division or formation where this lawyer works, the opinion of his direct management is not requested. The lack of genuine guarantees for the independence of a lawyer turns him from a legally protected professional into a person who is extremely dependent on the executive body - the Council of the Chamber (Articles 31 and 37 of the Law on Advocacy). In the case of a dependent position, non-execution or improper execution by a lawyer of the decision of the Council of the Chamber entails the termination of his status. Moreover, according to prof. Yu.I. Stetsovsky, expulsion from the community is possible not in the manner adopted by the lawyers themselves, but in the manner prescribed by the state.
Lifetime ban on reacquisition the status of a lawyer by a person previously deprived of this status is excessive, especially since even criminal law provides as a measure of punishment deprivation of the right to occupy certain positions or engage in certain activities for a certain period, but not for life.
Therefore, it is advisable to establish a period (up to 5 years) during which a person previously deprived of the status of a lawyer cannot acquire this status again.
In order to exclude cases of receipt by persons deprived of specified status, the status of a lawyer in another constituent entity of the Russian Federation, it is necessary, in our opinion, to create, in addition to the existing regional registers of lawyers, a single all-Russian register of lawyers containing information on the deprivation of a person of the status of a lawyer.
Bibliography
1 See: Scientific and practical commentary on federal law“On advocacy and advocacy in the Russian Federation” / Ed. D.N. Kozak. - M., 2003. S. 85.
2 See: Commentary on the Federal Law “On Advocacy and Advocacy in the Russian Federation” / Ed. ed. I.L. Trunov. - M., 2003. S. 80-81.
3 Baburin S.N., Gliskov A.G., Zabeyvorota A.I. Commentary on the Federal Law "On Advocacy and Advocacy in the Russian Federation". - M., 2003. S. 169.
4 See: Sergeev V.I. Lawyer and advocacy. - M., 2003. S. 47-48.
5 Voronov A.A. The role of the advocacy in the implementation constitutional law for qualified legal assistance: Dis. … Dr. jurid. Sciences. - M., 2002. S. 140.
6 See: Stetsovsky Yu.I., Mirzoev G.B. Professional duty of a lawyer and his status. - M., 2003. S. 90.
Share this article with colleagues:Federal Law of May 31, 2002 N 63-FZ (as amended on July 29, 2017) "On advocacy and advocacy in the Russian Federation". stat. 17. Termination of the status of a lawyer.
The official status of a lawyer in our country, in some cases, may be terminated on the basis of laws by the recommendation of the legal chamber of a certain subject of the country, if information about a certain lawyer has been entered in a specialized register according to established features, one of which is:
- Submission of a special application in writing drawn up by a lawyer on the possibility of terminating official status to a chamber of lawyers acting on the basis of the law.
- Submission of a written application by a certain lawyer according to a previously adopted decision of the official judicial bodies of the Russian Federation, when he is recognized by the court as completely incompetent.
- Due to the possible cause of the death of a person who worked in Russia law practice in case of recognition by the court of his death.
- Upon entry into force of a previously adopted court decision, when judiciary found the lawyer guilty of the crime.
- In case of violation of clause 3.1. stat. 16 FZ officially operating in the Russian Federation.
- In cases of non-fulfillment or unsatisfactory fulfillment of all his lawyer's duties.
These and many other grounds can be the main reason for such a moment that a certain lawyer is deprived of the official status of a lawyer in our country. A decision on the fact that a certain legal worker is deprived of the official status of a lawyer by law may be taken earlier by the current legal chamber of one of the constituent entities of Russia. The official council will have to report in writing about the fact which decision was made within a strictly established time frame. This period is 7 days and starts from the moment, that is, the day when this decision was officially made. The status of a certain lawyer, who was legally terminated on the grounds established by paragraph 4 of Article 1 of the current law, within a specially allotted time period, is entered into the state. register of a certain region.
For what can deprive the status of a lawyer
It will be necessary to know as clearly as possible that the official status of a lawyer does not have certain age restrictions. After the moment when a certain person was able to obtain official lawyer status, he will be entered in the manner and time period established by law in the register of state bodies that are directly involved in these issues. This specialized state the register in all regions of our country is maintained separately. On the basis of the submitted register, a person who has an official lawyer status will be issued a certificate containing a valid seal of the Ministry of Justice of the Russian Federation in due time. This special certificate in our country fixes the official lawyer status for a certain person who is engaged in this activity. There are certain cases when a person can be completely legally deprived of official legal status.
With considering current rules Law of the Federal Law of May 31, 2002, under the number 63-FZ, concerning the official activities and work of lawyers, who can be considered such a person who has received a specially designed official certificate that allows, on the basis of the provisions of the law, to carry out advocacy work in a timely manner throughout Russia. A lawyer, by its very nature, is considered an independent adviser with the required qualifications in various legal matters. In our country, the official status can be terminated everywhere by an earlier decision of the country's judicial authority in full accordance with stat. 17 of the current law on the Bar. The main legitimate consequence of the complete cessation of official status can be considered the impossibility of a person to perform this type of activity.
The list of possible grounds and court decisions that may affect the fact that a person who has official legal status on the basis of the norms of the law taken into account can be deprived of it is considered exhaustive, which makes it possible to completely exclude legal deprivation a person of the official status of a lawyer for any other reason. This feature will need to be fully understood and considered when considering disbarment in more detail. A certain person who has officially received the status of a lawyer in our country and his status on the basis of the use of the current provisions of the law has been completely terminated is not able to perform this type of activity. In addition, such a person does not have the legal ability to perform activities that are to some extent related to some possibility at a certain point in time to hold the specified position in the current bodies of the chamber of advocates.
In order for the official status of a lawyer of a certain person to be completely terminated, he will need to file a writing to the chamber of lawyers a special application on the possibility of terminating his official status as a lawyer. This kind of application is urgently required to be submitted to the current council of the chamber of lawyers of a certain region of the Russian Federation, to the regional state. the register of which information data relating to this lawyer is entered. The official status of such a lawyer will be completely terminated on the basis of the law from the moment the decision of the chamber of legal workers was made. But, it must be said that in some specific cases, official termination the status of a lawyer is considered to be his own desire then, in order to make a legal decision by the council, the lawyer has the legal opportunity to change the decision and withdraw the specialized application previously drawn up in writing.
In our country, the death of a certain person, on the basis of the current norms of the law, will be without fail be considered as such a basis that allows you to officially terminate the status of a lawyer. With all this, a special certificate indicating the death of a lawyer is considered necessary document, on the basis of which the current Council of the Chamber of Legal Workers has a good opportunity to implement the decision on the complete termination of the status. The conclusion of a commission specially created for this case will not be required in such a case. The absence of the lawyer himself in the place where he is officially registered for residence and the impossibility of determining the place where he is located during the established time period of 5 years can in some cases be considered data that will allow, on the basis of the law, to consider him dead.
Decisions taken by the current Chamber of Advocates in Russia
In possible cases, quite often it can be found in practice that a person who is officially engaged in legal activities has gone missing, allowing assumptions about his death within 6 months to establish the official status of his death. The rules for declaring a certain person dead are regulated in our country by the current article 45 of the Civil Code of the Russian Federation. At the same time, the day of death of a certain citizen of the Russian Federation, who was officially declared dead, may, on the basis of the law, be the day when the court decision on this issue came into force.
But, in some specific cases, the judicial authorities of our country can consider the day of the alleged death of a person when he went missing for a long period of time without a trace in some circumstances that threaten his life. In some cases, when a certain person turned out to be alive, then all statuses will be fully assigned to him. He lost them when the court made a legal decision that such a citizen should be considered dead under unclear circumstances related to the fact that he disappeared for a long period of time without a trace for a legally established time period.
In our state, also a legal basis, when a person can be completely deprived of the above status, is the failure to fulfill certain official duties lawyer. He must perform these duties to his client, that is, the principal who turned to him for help in a particular matter. In addition, it will be possible when a person who is engaged in a certain legal activity does not comply with all the requirements of the chamber of legal workers. These and many other circumstances may in some cases be the main reason that such a legal worker will be completely deprived of his official status on the basis of the laws.
Peculiarities of debarment on the basis of various violations
All these and many other procedures that relate to various issues of deprivation of official status will have to be fully implemented within the strictly allotted time frame. People who, on the basis of the information available, have an outstanding conviction for certain offenses, do not have this position on the basis of the current norms of the law. If they occupy it, then, by a court decision, it will be declared invalid within the established time period and the citizen will be completely deprived of the official status of a legal employee.
In our country, there are a large number of various law firms and formations, which provide an excellent opportunity for any citizen to have a good opportunity to receive highly qualified timely assistance to solve legal problems and complexities. These works are carried out by qualified lawyers who, on the basis of existing norms, have an official status by law in order to perform these actions. The help of a competent legal worker under certain circumstances that may appear in the life of any person is very important. In some possible cases, contacting a legal bureau will be considered a fundamental point, because many issues cannot be sorted out without the qualified help of a legal worker.
For example, a significant number of citizens have difficulties and various questions when drawing up various official complaints, which then need to be submitted to official state authorities. authorities of the country. The lawyer deals with such issues and provides competent legal assistance to the citizens of our country, who at a certain period of time really need it. The profession of a lawyer is very important, therefore, a large number of citizens of the Russian Federation turn to such specialists every year in our state for help in solving their own legal problems and difficulties.
Specially created on the basis of the current legislation of our state, the FPA RF commission, which directly deals with various issues of ethics, noted such an important point that in cases where the officially operating chamber of legal workers makes some legal decision on issues of disciplinary liability to a certain legal employee, it is necessary to fully take into account such moments:
- The severity of the act of the lawyer, which he committed.
- The circumstances that existed when a legal employee committed a certain misconduct.
- Type of guilt and subsequent liability before the current law.
- Circumstances that are considered by the current chamber of legal workers.
Paragraph 4 stat. 18 is the Code of Ethics for legal workers in carrying out their work. Also, this specialized commission explains the various reasons that some circumstances have. Such circumstances and reasons may include:
- Cases when a certain legal employee fully accepts his own guilt for a misconduct.
- The absence of penalties from a certain legal employee that are associated with disciplinary behavior.
- A variety of cases when a lawyer has committed various actions that can be attributed to disciplinary actions.
- Rewarding a person officially engaged in this activity with state awards. values.
With all this, it is possible to highlight certain clarifications in this matter, which relate to the severity and form of the offense committed by the legal employee. This may in some cases be expressed in the behavior of a lawyer when committing a certain misconduct that he had previously committed. In addition, it should be fully considered and taken into account how the previously identified legal officer worked, what reprimands he had and how he treated it. These and many other circumstances make it possible to understand the identity of a certain person who has official permission to engage in legal activities throughout the Russian Federation.
Considering questions that relate to how, on the basis of the current rules of the law, it is possible to deprive a certain person who has the status of a lawyer of the opportunity to engage in this type of activity. Here, it will be necessary to take into account a significant number of factors, which in some cases are of paramount importance. Cases are taken into account here, they can often be found in practice, a person who officially deals with advocacy missing. This allows assumptions about his death within 6 months to establish the official status of his death. The norms of the legislation allowing to declare a certain person dead are regulated in our country by the current article of the laws of Russia. It is worth saying that the legal time of death of a certain citizen of the Russian Federation, who was officially declared dead, may, on the basis of the law, be the day when the court decision on this issue came into force.
In possible cases, the judicial authorities of our country may consider the day of the alleged death of a person when he went missing for a long period of time without a trace in some circumstances that threaten his life. In some cases, when a certain person turned out to be alive, then all the statuses that he lost will be fully assigned to him when the court made a legal decision that such a citizen should be considered dead under unclear circumstances. They are connected with the fact that he disappeared for a long period of time without a trace on the law. set time. These and many other questions are important and should be taken into account.
An example from practice on the deprivation of a lawyer's status
In order to consider by example the features of how it will be possible to deprive the status of a lawyer on the basis of the law, it is possible to take a specific case. A certain person who for a given period of time has the official status to perform the activities of a lawyer on the basis of the law to sell his client's apartment at a low cost. At the same time, the buyer of this property is his official wife. Based on the current norms of the legislation of our state, such actions can in some cases be recognized as a complete inconsistency with their official duties.
In such cases that occurred in practice in the law, the allotted time periods for such a legal employee may be subject to various restrictive measures. In the course of time, after consideration of this issue by the members of the Chamber of Advocates in these cases, they can be recognized as those that do not allow the existence of an official status of a lawyer. The Specialized Ethics Commission indicates such actions as a gross violation of their official duties for people who provide lawyer services to citizens. In addition to the points mentioned above, which were discussed in practical example, a specialized commission of the FPA of the Russian Federation, officially dealing with various issues of ethics, indicates the circumstances. They need to be taken into account when considering these issues. Here, it is required to pay increased attention to the various circumstances of the case, one of which can be considered:
Cases where a certain offense or misconduct committed by a lawyer is caused by actions poorly coordinated by the current chamber of legal workers.
A certain legal worker was accused of protecting the interrogator outside his duty schedule. But, when, over time, additional circumstances of the case under consideration were clarified, that the duty schedule was drawn up for 1 year and approved by the current chamber, it was published late. Therefore, in the end, the court recognized that the offenses committed by the lawyer are associated with a discrepancy common action therefore, in this case, he will not be deprived of the official status to engage in his professional activities.
Features of the consideration of such cases in court and the official decisions that were made
It is worth noting that in practice there may be various situations when, by a court decision, a lawyer is not deprived of his official status, when it is proved that the offenses committed by him are considered a combination of special circumstances that he could not influence. These and similar cases will be carefully considered when applying to the court and, according to the specifics of the case, a fair decision will be made, which concerns issues of various offenses or some misconduct committed by a legal employee when he performed his direct official duties.
The judicial authorities of our country, under certain circumstances of the case under consideration, can consider the day of the alleged death of a person when he disappeared for a long period of time without a trace in some circumstances that threaten his life. In cases that have occurred in practice, when a certain person turned out to be alive, then all statuses will be fully assigned to him. He lost them when the court made a legal decision that such a citizen should be considered dead under unclear circumstances related to the fact that he disappeared for a long period of time without a trace for a legally established time period. In addition, the legal basis, when a person can be completely deprived of the above status, is the failure to perform certain official duties of a lawyer. He must perform these duties to his client, that is, the principal who turned to him for help in a particular matter.
In addition, this will be possible when a person who is engaged in certain legal activities does not comply with all the instructions of the chamber of legal workers. These and many other circumstances may in some cases be the main reason that such a legal worker will be completely deprived of his official status on the basis of the laws. These and other procedures relating to various issues of deprivation of official status will have to be fully implemented within the strictly allotted time frame. Citizens of our country who, on the basis of the available information, have an outstanding conviction for certain offenses, do not have this position on the basis of the current norms of the law.
In our country, on the basis of legislation, there is an official commission of the FPA of Russia, which deals with the consideration of the professional ethics of legal workers, they provide citizens of the Russian Federation with the services of legal workers. In carrying out their direct activities, the specialists of this specialized commission pay their attention to a large number of nuances that are related to the way in which a certain legal worker carries out his work. In some cases, when a legal employee commits misconduct that is inappropriate for his position, a special commission of the FPA of Russia may make an official decision, which, by a court decision, will be called upon to influence the lawyer and deprive him of his status. This moment is very often considered by qualified specialists of the specified commission.
Information that is available to employees of a specially created commission dealing with various ethical issues during the work of legal specialists in our state can be transferred to the court for consideration. Based on the available information data, in some cases, a legal decision can be made regarding issues related to the deprivation of a certain legal employee of his status. After that, a person who in our country was engaged in legal activities and provided legal assistance to the population will not be able to officially work in this direction. This specialized commission can officially consider such cases and make its own decision, which concerns various violations committed by legal workers in the course of their work to provide legal assistance to the citizens of our country.
The effectiveness of the work of this specialized commission may depend on a large number of factors that are associated with the timely detection of various types of violations, as well as the offenses of people who officially provide legal assistance to Russian citizens. During the work of specialists of this specialized commission, the personality of a person who directly has a certain status allowing him, on the basis of existing laws our state to provide legal assistance and protection in litigation citizens of the Russian Federation. Similar responsibilities he must perform in front of his client, who applied for highly qualified legal assistance, that is, the principal, who turned to him for help in a particular matter.