Meeting of the PASO Qualification Commission

Meeting of the PASO Qualification Commission

16.06.2022

On June 16, 2022, the first meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held in a new composition under the chairmanship of A.V. Kokin.

The meeting was opened by PASO President Butovchenko T.D., who warmly greeted all those present. Tatyana Dmitrievna wished the new composition of the Commission successful work, high-quality and objective consideration of all emerging issues, ensuring the interests of participants in disciplinary proceedings.

The agenda of the meeting determined eighteen disciplinary proceedings for consideration, two of which were initiated at the request of the court, eleven on the proposal of the Department of the Ministry of Justice of the Russian Federation for the Samara Region, two - on the proposal of the Vice President of the PASO, three - on the complaints of principals.

In essence, four disciplinary proceedings are considered.

In two cases, the courts, in their appeals, pointed to the commission of actions by lawyers that caused a delay or disruption of court sessions, which was regarded by the court as a manifestation of extreme disrespect for the court and participants in the process.

In the first case, the commission found that the lawyer allowed repeated delays in court sessions according to the schedule agreed in advance by all participants in the criminal case, which on 21.02.2022 led to a delay in the start of the court session by 30 minutes, and on 14.04. date.

From the explanations of the lawyer given to the Qualification Commission, it follows that on February 21, 2022, the lawyer really made a delay, explained to the court the reason and apologized to the participants in the process. 04/14/2022 he was late again, but he had a good reason for that. The night before, he became aware of the possibility of consulting a doctor about the child's health. The lawyer thought to be in time for the court by 10.00 to participate in the court session, but the appointment with the doctor was delayed. At 9.45 a.m., the lawyer realized that he was not in time for the beginning of the hearing and, through his client, warned the court of a delay of 20-30 minutes. Upon completion of the consultation, the lawyer arrived at the court, where he learned that the meeting was adjourned due to his being late. The commission agreed that the lawyer had good reasons, but found that the lawyer did not take any procedural steps to notify the court in advance. The Commission indicated in its conclusion that the proper behavior from the point of view of the CEA would be to send a notice to the court's email address on the eve of the day of the hearing about the impossibility of appearing at the hearing at the appointed time, which was not done.

In the second case, the lawyer who participated in the criminal case in accordance with Art. 50 Code of Criminal Procedure, duly notified of the date, time and place of the hearing, at the hearing 07.04.2022g. did not appear, did not submit documents confirming the validity of the reasons for non-appearance to the court, which led to the disruption of the court session and the need to send a request to PASO to ensure the participation of another lawyer.

In both cases, the Commission found elements of disciplinary offenses, members of the Commission indicated to lawyers that such actions are not acceptable, since they lead to disruption of court hearings, indicate disrespect for the court and participants in the process.

The Commission also noted an increase in the number of court appeals on the facts of the absence of lawyers in court proceedings, it was decided to recommend to the PASO Council to draw the attention of lawyers to the need to comply with the schedules of court sessions. If it is impossible to arrive at the court on time or take part in the court session, take measures in advance to notify the courts in accordance with the procedure established by law. Do not accept orders for production in an amount that is obviously greater than the lawyer is able to fulfill.

The PASO Vice President made submissions against two lawyers, from which it follows that the lawyers, participating in the conduct of investigative measures with their client, refused to sign the protocol of the interrogation of the accused. The lawyers in their explanations indicated that the investigative actions about which the investigator writes were not carried out, the protocol was not drawn up, in connection with which, they filed complaints against the actions of the investigator in the manner prescribed by law. The Qualification Commission found that the lawyers filed complaints against the investigator's actions only after the investigator's report was received by the PASO and disciplinary proceedings were initiated.

Having seen elements of disciplinary offenses in the actions of lawyers, the Commission proceeded from the fact that a lawyer in his professional activity must comply with the norms of the relevant procedural legislation, respectively, in this case, participating in an investigative action conducted within the framework of a criminal case, he must take procedural measures to respond to inadmissible the lawyer's point of view, the actions of the investigator, provided for by the criminal procedural legislation.

Fourteen disciplinary proceedings were postponed: due to lack of information about the receipt by lawyers of notifications of the initiation of disciplinary proceedings, about sending materials to the Vice President for submission of submissions regarding violations by lawyers of the law governing advocacy. The reasons for the postponement recognized by the Commission as valid.

PASO Press Center

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