According to the proposal, the chambers of lawyers will not be able to refuse to bring lawyers to disciplinary responsibility. The department proposes to deprive the status of lawyers of those who did not take the oath on time after the qualification exam
The Ministry of Justice wants to oblige the chambers of lawyers to initiate disciplinary proceedings against lawyers on all submissions from the department. This is stated in the document prepared by the Ministry on the portal of draft regulatory legal acts.
The federal chamber of lawyers (FPA) or the regional chamber of lawyers will not be able to refuse the Ministry of Justice or its territorial bodies to initiate such a case, it follows from the bill.
proceedings against a lawyer & lrm; or refusal to apply disciplinary measures against him.
Another initiative concerns the termination of the status of a lawyer. If the Bar Chamber within three months does not consider the relevant submission of the Ministry of Justice, the department wants to get the right to appeal to the court with a similar request.
The Ministry of Justice also proposes to give it the right, together with the FPA, to approve questions for the qualification exam of lawyers. It is assumed that the data on applicants who did not pass the qualifying exam will be included in the Unified State Register of Lawyers.
In addition, the document introduces the norm that after passing the qualification exam, a lawyer must take an oath within three months. If he does not do this, the decision of the qualification commission on the assignment of the status of a lawyer will be canceled. If the deadline was missed for a good reason, the decision on reinstatement may be considered by the council of the bar association.
The initiative, which allows the Ministry of Justice to appeal in court the decisions of the Bar in disciplinary cases initiated on their submissions, “ raises great doubts about its validity from the FPA Council and the Council took a negative position on this, '' State Secretary of the Federal Chamber of Lawyers Konstantin Dobrynin told RBC .
“ Politically, this bill, alas, reflects the spirit of the times and is a demonstration of the state, represented by the Ministry of Justice, to strengthen control and supervision over the activities of the legal profession. At the same time, the presented version of the bill is already a product of a compromise, disputes in working groups and attempts to find solutions, and in many respects differs from the initial ideas of the bureaucrats for the better, '', & mdash; Dobrynin said.
According to the State Secretary, the FPA does not quite understand the reasons why the Ministry of Justice proposed to change the procedure for passing exams, “ but since the state demonstratively wants to share the burden of responsibility for this & mdash; we are ready to agree. ''
The Ministry of Justice twice unsuccessfully tried to bring to disciplinary responsibility the lawyer of the journalist Ivan Safronov, accused of treason, Ivan Pavlov (included in the register of foreign media agents). In the summer of 2020, the department sent a corresponding submission to the St. Petersburg Bar Association. The reason was the lawyer's refusal to sign a non-disclosure agreement on the preliminary investigation of Safronov's criminal case. After the chamber refused to the Ministry of Justice, the department filed a lawsuit against it, but then withdrew the claim. In the fall of 2021, the department submitted a third similar submission against Pavlov to the bar association.
In the spring, Pavlov was charged with divulging the secrets of the investigation in connection with the Safronov case. In September, he announced that he left Russia and went to Georgia. Despite emigration, the lawyer did not stop representing the interests of Safronov and other clients.
In November, the Ministry of Justice decided to bring another Safronov lawyer, Yevgeny Smirnov, to disciplinary responsibility. The Chamber of Advocates of the Leningrad Region initiated disciplinary proceedings against the defender on the proposal of the regional department of the department.
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