On September 24, a meeting of the PASO Council took place

The Council met for its first meeting in a renewed composition following a rotation during the 20th Annual Conference.

21 applicants swore an oath of loyalty to the lawyer's duty.

The PASO Council adopted a Decision on the distribution of responsibilities among the Council members.

The Council considered the organizational and financial issues of the organization of work, approved the staffing table of the working part of the PASO, the amount of compensation for the work of lawyers in the bodies of lawyer self-government.

The status of three lawyers was renewed, and one was terminated on personal application.

The question of the implementation of the Standard for professional training and professional development of lawyers and trainees lawyers was heard.

In the system of providing subsidized legal aid as a defense attorney in criminal proceedings on the appointment of the bodies of inquiry, bodies of preliminary investigation or the court in accordance with Art. 50 and 51 of the Code of Criminal Procedure of the Russian Federation and as a representative in civil proceedings by appointment of a court in accordance with Art. 50 Code of Civil Procedure of the Russian Federation included 9 lawyers, two lawyers' offices were approved.

The Council considered 11 disciplinary proceedings.

One by one - for a long (more than 6 months) non-payment of membership fees, the status of a lawyer was terminated.

Two disciplinary proceedings ended with the appointment of almost the most severe types of disciplinary liability - a warning about the termination of the status.

According to one of them, the conclusion of the Qualification Commission established the following circumstances:

03/17/2020 lawyer K. in accordance with Art. 50 of the Code of Criminal Procedure of the Russian Federation accepted an order to protect O.'s interests in criminal proceedings.

By the decision of the Samara District Court of Samara from 18.03.2020, a preventive measure was chosen in the form of detention for a period of 2 months 18 days.

On 03/19/2020, the lawyer K. filed an appeal against the court ruling of 03/18/2020. The complaint indicates the formal approach of the court to the resolution of the investigator's petition. The complaint did not contain arguments regarding the illegality of determining the term of detention in excess of 18 days.

On the morning of March 20, lawyer K. was notified by lawyer M. that she had entered into an agreement to defend O.

At 14:00, lawyer K. appeared at the IVS near the Ministry of Internal Affairs of the city of Samara to participate in investigative actions: interrogation of O. as an accused, confrontation between accused O. and accused G., whose interests are protected by lawyer Ch.

Before the start of the investigative action, lawyer Ch. Notified lawyers K. and O. about the appearance of lawyer M. in the IVS at the Ministry of Internal Affairs of Samara, with whom O.'s relatives had concluded an agreement on the provision of legal assistance.

Lawyer K. in the interests of O. did not state any motions, objections to the protocols of interrogation and confrontation indicating a violation of the right to defense, no comments were brought. Lawyer K. did not indicate the need to invite lawyer M., who is awaiting a pass to the investigation room of the IVS.

From the complaint of the lawyer M. it follows that on March 20, 2020 at 15:00, through the office of the Investigative Committee in the Samara Region, she, in the name of the investigator in whose proceedings the case is located, served a notice of entry into the case and an order No.

On the same day, at 15:05, M.'s lawyer notified the PASO Subsidized Legal Aid Center about joining the criminal case against O. as a defender by agreement.

By a court of appeal decision dated April 13, 2020, the Resolution of the Samara District Court of Samara dated March 18, 2020 on the selection of a preventive measure in the form of an imprisonment against O. was changed, the term of detention was reduced by 18 days at the complaint of lawyer M. without change.

The appeal of the lawyer K. was dismissed.

The Council fully agreed with the conclusions of the Qualification Commission about the improper performance of the professional duties by the lawyer K.

Before the commencement of the investigative actions, the lawyer K. did not file a motion to eliminate violations of the law in terms of the realization by the accused of the right to defense in the person of his chosen lawyer and the impossibility of carrying out an investigative action with his participation in the presence of an agreement concluded with another lawyer. This behavior contradicts the requirements of the Standard for the implementation of defense by a lawyer in criminal proceedings, adopted by the VIII All-Russian Congress of Lawyers on April 20, 2017, and the Rules for the provision of subsidized legal assistance by lawyers of the Chamber of Lawyers of the Samara Region participating as a defense attorney in criminal proceedings appointed by the inquiry bodies, preliminary investigation bodies or the court in the manner of Articles 50 and 51 of the Criminal Procedure Code of the Russian Federation and as a representative in civil proceedings at the appointment of a court in accordance with Article 50 of the Civil Procedure Code of the Russian Federation and Article 54 of the Code of Administrative Procedure of the Russian Federation, approved by the Decision of the PASO Council dated November 27, 2014 No. 14 -11-08 / SP.

The arguments of O.'s complaint about the low professional level of the appeal made by the lawyer K. against the ruling of the Samara District Court of Samara dated March 18, 2020, the Qualification Commission also considered justified, since the complaint did not reflect uncontested circumstances in favor of canceling the ruling in terms of exceeding the selected period of detention under custody in order to cancel a court order.

The arguments of the attorney's explanations about the intention to draw up addenda to the appeal after reading the minutes of the court session, the Qualification Commission reasonably rejected, since the operative part of the decision, containing information about the terms of the preventive measure chosen against O., was announced on the day of its adoption, however, by the lawyer K. drawing up an appeal on the circumstances of violation by the court of the requirements of Art. 109 of the Code of Criminal Procedure of the Russian Federation, there is no indication in the complaint.

In the text of the appeal, there is no motivation, there are no references to specific legislative norms, appealing to which the defender justifies his claims in the legal aspect. The lawyer ignores the requirements for a legal document, according to which the appeal must meet the criteria of validity and legality, be reasoned and drawn up on the basis of the laws of logic, reflect the facts and circumstances applicable to the situation that allow the court to share the position of the defense lawyer.

Under these circumstances, the Qualification Commission found in the actions of lawyer K. a violation of the law on advocacy and the legal profession and the Code of Professional Ethics of a Lawyer, improper performance of professional duties to the client, failure to comply with decisions of the bodies of the bar association.

The arguments of the applicant - lawyer M. in the part that lawyer K., having stated the client's position, which became known to him in the course of a confidential conversation, within the framework of the disciplinary proceedings in the submitted explanations, disclosed a professional secret, the commission considered unproven.

The preservation of the attorney's secret of the principals in the framework of the consideration of disciplinary proceedings against attorneys is ensured by the provisions of paragraph 4 of Art. 19 of the Code of Professional Ethics of a Lawyer, which establishes that in the implementation of disciplinary proceedings, measures are taken to protect information constituting the secret of the private life of persons who filed a complaint, commercial and lawyer secrets; clause 1 of Art. 23 of the Code of Professional Ethics of a Lawyer, establishing that before the start of the proceedings, all members of the qualification commission are warned about the inadmissibility of disclosing and protecting information that has become known during the proceedings, constituting the privacy of participants in disciplinary proceedings, as well as commercial, lawyer and other secrets; clause 5 of Art. 24 of the Code of Professional Ethics of a Lawyer, establishes that proceedings in disciplinary proceedings are carried out in the Council in closed session.

The Council agreed with the arguments of the Opinion that the presentation of explanations by lawyers in the framework of disciplinary proceedings, if there is an obligation on the part of the Qualification Commission and the Council of the Bar Chamber to keep information constituting an advocate secret, does not contradict the requirements of the legislation on advocacy and the legal profession in terms of maintaining professional secrecy.

The Council also shared the position of the Qualification Commission in the part that the arguments of the complaint that the lawyer K. insisted on the cooperation of the principal with the investigation were not objectively confirmed during the proceedings.

The PASO Council, taking into account that a lawyer has been brought to disciplinary responsibility for the first time, made a decision to impose a disciplinary measure in the form of a warning.

A similar disciplinary measure was applied to the lawyer P., who entered the case without concluding an agreement, having been involved under a contract for the provision of services in a criminal case concluded by the mother of the detainee with the United Interregional Legal Aid Center LLC. According to the presented agreement, the applicant paid 70,000 rubles to the LLC, the lawyer “worked” at 20%, but by the time the disciplinary proceedings were considered, no funds had been transferred to the account of the lawyer’s education. Disciplinary proceedings have been held since March 2019, however, only at the Council meeting on September 24, 2020, lawyer P. presented several copies of procedural documents as a dossier, which the Council did not accept as a dossier, arguing that they were made for the purposes of disciplinary proceedings and could only be presented to the appropriate authority - the PASO Qualification Commission.

In two cases, the Council issued remarks to lawyers who did not appear for participation in the court sessions, did not notify the court about the impossibility of attendance and did not submit documents about the impossibility of participation.

Two disciplinary proceedings were terminated due to the proper behavior of lawyers and qualified professional assistance to clients, one for reconciliation and withdrawal of the complaint, two were postponed.

One decision of the Council was canceled and sent to the Qualification Commission for re-examination in connection with newly discovered circumstances.

The Council made a decision to conduct an audit of the implementation by lawyers of the Decision of the PASO Council No. 14-11-08 / SP dated November 27, 2014 "On approval of the rules for the provision of subsidized legal assistance by lawyers of the Chamber of Advocates of the Samara Region participating as defenders in criminal proceedings on the appointment of the inquiry bodies, bodies preliminary investigation or court in the manner of Articles 50 and 51 of the Criminal Procedure Code of the Russian Federation and as representatives in civil proceedings by appointment of the court in accordance with Article 50 of the Civil Procedure Code of the Russian Federation and Article 54 of the Code of Administrative Procedure of the Russian Federation ", for the period from 01.01. 2020 to 31.03.2020 in the Leninsky and Oktyabrsky districts of the city of. Samara, Central District Togliatti Syzran, municipal districts Bezenchuksky and Privolzhsky, Samara region.

The inspection is entrusted to the Vice-President Yu.A. Ryazantsev, members of the Council E.V. Latyshkina, I.A. Zhdanov and V.I. Yankin.

The procedure for submitting a dossier for verification can be found here.

PASO Press Center