08/18/2020 in the ZOOM mode - a meeting of the Council of the Chamber of Advocates of the Samara Region was held

We would like to inform the delegates that due to the restrictions established by the Resolution of the Governor of the Samara Region No. 150 dated 06/30/2020 "On measures to ensure the sanitary and epidemiological well-being of the population in connection with the spread of a new coronavirus infection (COVID-19) in the Samara region", the entrance of delegates to the premises of the Hotel Complex is carried out according to the list with personal protective equipment (masks and gloves).

In addition, the notice of the Conference will be sent to the delegates via the Internet-P @ CO system and through the SUP PASO Center.

Dear colleagues - delegates,
selected for the Twentieth PASO Lawyers' Conference!
We kindly request: take part in the work of the collective body
lawyer self-government, responsibly and with understanding treat
to existing restrictions,
to come to the venue in advance, to fulfill the requirements of sanitary and epidemiological measures of employees and services.

We ask you to inform us about the need for a transfer from the premises of the Chamber of Advocates (1-a, Moris-Torez Street) to the Hotel Complex "Russian Hunting" by 24 August.

The PASO Council gave clarifications in connection with the existing cases of demanding from lawyers by tax authorities and state authorities authorized in the field of the legal profession, information regarding the registration of relations with clients:

The guarantees of confidentiality of the attorney's relationship with the client are a necessary component of the right of citizens to receive qualified legal assistance as one of the fundamental human rights (Article 48 of the Constitution of the Russian Federation, Articles 5 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms).

By the Decree of the President of the Russian Federation of 06.03.1997 No. 188 "On Approval of the List of Confidential Information", attorney secrecy on the basis of connection with professional activity is classified as confidential information, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws.

Attorney secret is any information related to the provision of legal assistance by a lawyer to his client (clause 1 of article 8 of the Federal Law of 31.05.2002 No. 63-FZ "On advocacy and the legal profession in the Russian Federation").

Adopted in accordance with clause 2 of Art. 4 of the Federal Law of 31.05.2002 No. 63-FZ "On advocacy and the legal profession in the Russian Federation" The Code of Professional Ethics of the Advocate defines the observance of professional secrecy by an advocate as an unconditional priority of the advocate's activities, while it is indicated that the professional secrecy of an advocate ensures the client's immunity granted to the latter The Constitution of the Russian Federation.

In accordance with paragraph 5 of Art. 6 of the Code of Professional Ethics of a Lawyer, the rules for maintaining professional secrecy apply to:
- the fact of contacting a lawyer, including the names and titles of the principals;
- all evidence and documents collected by the lawyer during the preparation for the case;
- information received by a lawyer from principals;
- information about the client, which became known to the lawyer in the process of providing legal assistance;
- the content of legal advice given directly to the principal or intended for him;
- all legal proceedings in the case;
- the terms of the agreement on the provision of legal assistance, including monetary settlements between the lawyer and the client;
- any other information related to the provision of legal assistance by a lawyer.

In accordance with paragraphs. 5 p. 4 art. 6 of the Federal Law of 31.05.2002 No. 63-FZ "On advocacy and the legal profession in the Russian Federation", a lawyer is not entitled to disclose information provided to him by the client in connection with the provision of legal assistance to the latter, without the consent of the client.

Clause 3 of Article 18 of the Federal Law of 31.05.2002 No. 63-FZ "On advocacy and the legal profession in the Russian Federation" prohibits the demand from lawyers, as well as from employees of lawyers' associations, chambers of lawyers or the Federal Chamber of Lawyers of information related to the provision of legal assistance on specific cases.

These provisions of the legislation on the legal profession correspond to the norms of the Tax Code of the Russian Federation, in accordance with paragraph 4 of Art. 82 of which, when exercising tax control, it is not allowed to collect information about the taxpayer obtained in violation of the provisions of the Constitution of the Russian Federation, federal laws, as well as in violation of the principle of the safety of information constituting the professional secret of other persons, in particular advocate secrets.

Based on the above provisions of the legislation governing advocacy, the submission of the requested information to the tax authority or to the public authority (provided that the principal has not given explicitly definite written consent to the transfer of information on the terms of the concluded agreement on the provision of legal assistance) is impossible.

Any other behavior forms the composition of a disciplinary offense.

PASO Press Center