From scratch

Svetlana Volodina
President of the FPA RF

From scratch

31.01.2023

Recalling the events of twenty years ago, Svetlana Volodina, President of the Federal Chamber of Lawyers of the Russian Federation, notes that the delegates of the First All-Russian Congress of Lawyers dreamed of professional self-government, which, according to her, is the foundation of modern advocacy. There are two components in the activities of the bar - independence and professionalism, says Svetlana Volodina, they must be guaranteed to any principal. Independence is guaranteed by the state and partly by the bar itself, if it is ready for independence and ready to fight for it. Professionalism is guaranteed by the bar itself, and it also provides it.

 

- 20 years ago, the First All-Russian Congress of Lawyers was held. What do you remember about it, can you say that it was a turning point for the domestic advocacy?

- The congress was remembered for its emotionality, the absence of indifferent or bored people. There has never been such an intensity of passion in the legal profession over the years. It must be remembered that the Congress was preceded by more than 10 years of struggle for a new law, for the unification of the bar, for choosing a scenario for the new bar. The main thing was who would become the leader, under whose banner the bar would unite, who would follow. Passions ran high. One question - whether to vote in batches for the composition of the Council - caused a storm of emotions. There was a general enthusiasm, it was a time of legal reforms, a time of hope.

I remember Yevgeny Vasilyevich [Semenyako] after the vote, late at night. He considered the main thing that he was supported by the majority, and not that he is now president. Joking. He remembered Mayakovsky, some performances. And he was already full of plans for tomorrow. How tomorrow, from scratch, without premises and staff, to build a new advocacy, something that the previous years fought for. And he succeeded.

– Evgeniy Vasilyevich Semenyako was elected President of the FPA of the Russian Federation at the first meeting of the Council of the FPA of the Russian Federation, which took place immediately after the 1st Congress. In 2015, Yuri Pilipenko replaced him in this post. Was there continuity in their activities? Were their leadership styles different?

- They had and still have common goals, they solved common tasks - ​which is important, but the styles are different. The main thing is that both have done and are doing a lot for the legal profession. They laid the foundations for professional self-government in the legal profession - ​what we dreamed of then at the First Congress. This is the foundation of modern advocacy. The chambers of constituent entities also organize their work according to the same principles.

– What did the creation of the Federal Chamber of Lawyers mean for you personally, how did this event affect your professional activities?

- First of all, it was a feeling of delight that there is a body that will finally unite the entire bar, which can represent the entire bar, solve common problems and tasks. I remember how Evgeny Vasilyevich said how great it is not just to live in an era of change, but to be the conductor of these events.

In addition, the understanding came that 10 years of uncompromising struggle against the “parallel advocacy” could be spent on building a new advocacy with the preservation of old traditions. And, of course, it was a colossal lesson in the need to be able to find compromises. The personal ambitions of the leaders interfered in many ways.

– What, in your opinion, are the most important decisions of the Federal Chamber of Commerce and Industry of the Russian Federation adopted over the years, how did they change the life of the corporation?

- There are a lot of solutions. The standard adopted by the VIII All-Russian Congress of Lawyers for the implementation by a lawyer of defense in criminal proceedings, the creation of the FPA RF Commission on Ethics and Standards, the Commission of the RF RF Council on the Protection of the Professional Rights of Lawyers are very important.

- At the time when the 1st Congress was held, perhaps no one could have imagined that in 20 years digital technologies would firmly enter the life of the legal profession. And even more so - ​that it will create the largest LegalTech project in our country, the Integrated Information System of Russia (CIS AR), which in the future, by integrating with the information systems of justice, courts, law enforcement and other government agencies, should become part of digital economy of Russia. Is it possible to say that with the commissioning of all the main subsystems of the CIS AR, the Russian advocacy will move to a qualitatively new level of activity?

– Digitalization in general is already a part of reality in everything, and the legal profession should not lag behind. Answering your question, I can say: yes, this is a new stage in the development of the legal profession, a qualitatively new form.

- At the First All-Russian Congress, a fundamental corporate act was adopted - the Code of Professional Ethics for Lawyers. It has been amended several times over the past 20 years. Which of them do you consider the most important? Do you think this document needs any further changes?

– The CPEA in its current version allows the bar to function well. After all, the main task of the bodies of lawyer self-government is to create all the necessary conditions for the provision of qualified legal assistance.

There are two components in the activities of the Bar: independence and professionalism. These components must be guaranteed to any principal. Independence is guaranteed by the state and partly by the bar itself, if it is ready for independence and ready to fight for it. Professionalism is guaranteed by the bar itself, and it also provides it: the first level is a qualification exam, the second is advanced training and attitude to one’s work. If the lawyers understand what it is, then you can live and work. All other changes are needed only to ensure that these two basic conditions are met. If at some stages of the development of the legal profession we understood that new provisions should be introduced into the Code or the existing ones should be clarified, then the amendments were adopted precisely to solve the aforementioned tasks.

At the current stage, it seems to me, no changes are required, it is only necessary that we be professionals, and the state guarantees our independence. In addition, the Code of Ethics cannot regulate all possible cases. Work experience shows that it is successfully applied by lawyers' self-government bodies, however, it was still necessary to adopt the Recommendations on Considering Disciplinary Cases against Lawyers[1].

– In 2015, by decision of the VII All-Russian Congress of Lawyers, the Code of Professional Ethics of a Lawyer was supplemented by Article 18.2, in accordance with which the Commission of the Federal Chamber of Lawyers of the Russian Federation on Ethics and Standards (CES) was created and began its work. In 2016, provisions on IES were also included in the Law on the Bar (Article 37.1). According to the norms of the Law and the Code, now you, as the president of the Federal Chamber of Commerce and Industry of the Russian Federation, are the chairman of the IES. How do you assess its role in the life of the legal community?

– Yevgeny Vasilievich Semenyako nurtured the idea of creating such a Commission at the very beginning of the functioning of the Federal Chamber. At some point, we realized that it was impossible to work without this, because there are a number of issues that need to be resolved. Another thing is that recently IES has new functions. This refers, in particular, to the fact that the Commission has the right to consider disciplinary cases, as they sometimes say, “in the first instance” in cases where the Council of the Regional Chamber has terminated the status of a lawyer.

In some cases, EC members are convinced that such a harsh decision has no basis. And it is no coincidence that we recently adopted recommendations on how the Qualification Commission and the Council should consider these cases in order to make an informed decision. When the CEC considers some cases and thinks about why such a measure of punishment was chosen, it becomes clear that we evaluate some events differently than regional bodies of lawyer self-government.

For a long time I myself was a member of the Qualification Commission of the Chamber of Lawyers of the Moscow Region, so I know the problems of disciplinary practice “from the inside”. And I understand that there is always something in business that is not fixed on paper.

In a word, the activity of the IES is a very important part of the work of the FPA RF, perhaps even the most important area, including standards, clarifications, and the creation of a uniform practice, and the adoption of disciplinary decisions.

– How do you assess the relations between the FPA RF and the state authorities, various institutions of civil society that have developed over the past years? How do you plan to develop them?

- The dialogue took place. I will try to continue it efficiently.

– For many years you have been teaching, led the Institute of Advocacy of the Moscow State Law Academy, since 2018 you have been the head of the Department of Advocacy of the Moscow State Law Academy. How has the level of preparation of applicants for the acquisition of the status of a lawyer changed over the course of 20 years?

- The level of training is different not only depending on the university, but also in a separate group of one university. Of course, much is determined by the motivation, abilities and efforts of each individual applicant. But in general, a modern student is well prepared theoretically, although, naturally, he lacks practical skills.

You have a wonderful hobby - painting. Can you, given all your professional responsibilities, now find time to write? Or is it an indispensable condition for maintaining efficiency and maintaining peace of mind?

- I very rarely do it myself, but I often go to exhibitions and museums. This makes it possible to stop for a moment and say: “How beautiful!”

 


[1] Approved by the decision of the Council of the FPA of the Russian Federation of January 15, 2022, protocol No. 18.

Interviewed by Konstantin Katanyan, AG columnist
Photo: Maria Kapitanova

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