The procedure for bringing a lawyer to disciplinary responsibility is regulated by Section II of the Code of Professional Ethics of a Lawyer “Procedural Basis of Disciplinary Proceedings”.
Article 19
An act of a lawyer that denigrates his honor and dignity, diminishes the authority of the legal profession, failure to perform or improper performance by a lawyer of his professional duties to the client, as well as failure to comply with decisions of the bodies of the Bar Chamber should be the subject of consideration of the relevant qualification commission and the Council, whose meetings are held in accordance with disciplinary procedures. production provided for by this Code.
Disciplinary proceedings are carried out only by the qualification commission and the Council of the Bar Chamber, of which the lawyer is a member at the time of initiation of such proceedings.
Article 20
1. The reasons for initiating disciplinary proceedings are:
1) a complaint filed with the bar association by another lawyer, the attorney of a lawyer or his legal representative, as well as - if the lawyer refuses to accept the commission without sufficient grounds - the complaint of a person who applied for legal assistance in accordance with Article 26 of the Federal Law "On advocacy and the legal profession In Russian federation";
2) a presentation submitted to the bar association by the vice-president of the bar association or by a person replacing him;
3) a submission submitted to the bar association by a state authority authorized in the field of the bar;
4) the appeal of the court (judge) considering the case, the representative (defense lawyer) for which the lawyer acts, to the bar association.
2. A complaint, presentation, appeal shall be recognized as admissible grounds for initiating disciplinary proceedings if they are submitted in writing and they indicate:
1) the name of the bar association to which the complaint is filed, the presentation, the appeal;
2) surname, name, patronymic of the lawyer who filed a complaint against another lawyer, membership of the bar association and lawyer education;
3) the surname, first name, patronymic of the attorney's principal, his place of residence or the name of the institution, organization, if they are submitters of the complaint, their location, as well as the last name, first name, patronymic (name) of the representative and his address, if the complaint is filed by a representative;
4) the name and location of the public authority, as well as the surname, name, patronymic of the official who sent the submission or appeal;
5) the surname and first name (initials) of the lawyer in relation to whom the question of initiating disciplinary proceedings is being raised;
6) specific actions (inaction) of a lawyer, in which he violated the requirements of the legislation on advocacy and the legal profession and (or) this Code;
7) the circumstances on which the person who filed a complaint, presentation, appeal, bases his claims, and evidence confirming these circumstances.
2.1. When several complaints, representations, and appeals are received against one lawyer, the president of the bar association of a constituent entity of the Russian Federation or a person replacing him has the right to initiate joint disciplinary proceedings against them, and the qualification commission and the Council have the right to combine several disciplinary proceedings initiated against one lawyer into one ...
3. Each participant in a disciplinary proceeding shall have the right to propose, orally or in writing, a method for resolving a disciplinary case. A person demanding disciplinary action against a lawyer must indicate specific actions (inaction) of the lawyer, in which he violated the requirements of the legislation on advocacy and the legal profession and (or) this Code.
4. Cannot be an admissible reason for initiating disciplinary proceedings complaints, appeals, representation of persons not specified in paragraph 1 of this article, as well as complaints, appeals and representations of persons indicated in this article based on the actions (inaction) of a lawyer (including the head of the lawyer education, division), not related to the fulfillment by him of the requirements of the legislation on advocacy and the legal profession and (or) this Code.
5. Complaints and appeals from other lawyers or bodies of lawyers' associations arising from relations on the creation and functioning of these formations cannot be an admissible reason for initiating disciplinary proceedings.
6. Anonymous complaints and reports about actions (inaction) of lawyers are not considered.
Article 21
The President of the Bar Association of a constituent entity of the Russian Federation or a person replacing him, upon receipt of the documents provided for in paragraph 1 of Article 20 of this Code, by his order initiates disciplinary proceedings no later than ten days from the date of their receipt. If necessary, this period may be extended up to one month by the president of the bar association of a constituent entity of the Russian Federation or by a person replacing him. Participants in disciplinary proceedings are notified in advance of the place and time of consideration of the disciplinary case by the qualification commission, they are given the opportunity to familiarize themselves with all the materials of the disciplinary proceedings.
In case of receipt of complaints, representations and appeals that cannot be recognized as an admissible reason for initiating disciplinary proceedings, as well as those received from persons who have no right to raise a question about its initiation, or when circumstances are found that preclude the possibility of initiating disciplinary proceedings, the President of the Chamber or the person replacing him, by his order refuses to initiate him, returns these documents to the applicant, indicating the grounds for the decision.
Circumstances precluding the possibility of disciplinary proceedings are:
1) the earlier decision of the Disciplinary Proceedings Council with the same participants on the same subject and ground;
2) the earlier decision of the Council to terminate disciplinary proceedings on the grounds provided for in paragraph 1 of Article 25 of this Code;
3) the expiration of the term for the application of disciplinary measures.
4. The order to refuse to initiate disciplinary proceedings or to initiate disciplinary proceedings must indicate the grounds for the decision.
Article 18.
Disciplinary measures may be applied to a lawyer no later than six months from the date of the discovery of the offense, not counting the time the lawyer was sick or on vacation.
Disciplinary measures can be applied to a lawyer if no more than two years have passed since the moment of the violation, and in the case of a continuing violation - from the moment of its termination (suppression).
Disciplinary measures may include:
1) remark;
2) warning;
3) termination of the status of a lawyer.
Please note that all claims regarding the size and return of the money paid to the lawyer are not considered by the Qualification Commission and the PASO Council and can only be resolved by going to court in civil proceedings.
