Meeting of the PASO Council

A regular meeting of the PASO Council took place today. It took place in the Zoom system.

The meeting of the Council began with the oath of allegiance to the lawyer's duty by three applicants who successfully passed the qualifying exam.

Further, the applications of two lawyers for the suspension of the status were considered, one for the renewal and five for the termination of the status of the lawyer. The status of one lawyer was terminated due to his death.

The Council satisfied one application for retiring from the PASO members to the bar association of another region and one - for admitting a nonresident lawyer to the Samara chamber.

Ten applications from lawyers for crediting hours of professional development were considered. In two cases the applicants were refused due to the fact that they had already fulfilled the professional development standard.

Applications for the establishment of four and the liquidation of one lawyer's office were satisfied.

The PASO Council considered the lawyer's application for the early lifting of the disciplinary sanction - a remark - in which he was denied. The penalty itself was imposed on the lawyer only two months ago.

Twenty-five lawyers have applied to be included in the free legal aid system in criminal proceedings. As of January 2021, there were 625 lawyers working in the system. At the same time, on the basis of a certificate from the head of the Center for Law and Practice, Zotova A.A. 36 lawyers were excluded from the system. The basis for exclusion is the refusal of more than 60% of the claims. This does not entail any sanctions for the lawyer, and he has the right at any time to reapply for his inclusion in the register of SJS.

The Council reviewed fourteen disciplinary proceedings.

Two were sent to the Qualification Commission for new proceedings. Five - were terminated due to insignificance, three - due to the lack of disciplinary offense in the actions of the lawyer, three - due to the withdrawal of the complaint. In only one case, the Council issued a decision to impose a disciplinary measure against a lawyer in the form of a warning. The lawyer, who had a number of disciplinary sanctions in the past, did not enter the fee, did not fulfill the order - did not file a claim, which was the subject of the agreement - which resulted in the missing of the procedural time limit and the court's refusal to restore it. The council seriously discussed the possibility of terminating the status of a lawyer, but still limited itself to a warning.

During the meeting of the Council, the appeals of three lawyers were considered.

One of them was filed by an attorney for the Presidential Administration of Moscow, who was previously a member of the PASO. He was detained in Samara due to the fact that for more than a year he has been familiarizing himself with the materials of the criminal case against him. The situation is under the control of the PASO Commission for the Protection of the Professional Rights of Lawyers.

The second was related to the procedure for remuneration of a lawyer by appointment. The court refused to pay the lawyer for his work on a monthly basis, with the intention to accept the application for payment only after the sentencing. The lawyer was explained that in accordance with clause 26 of the Decree of the Government of the Russian Federation of 01.12.2012 No. 1240 "Regulations on the reimbursement of procedural costs associated with proceedings in a criminal case, costs in connection with the consideration of a case by an arbitration court, a civil case, an administrative case, and also costs in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation "," with the long-term participation of an interpreter, as well as a lawyer participating in a criminal case on the appointment of an inquirer, investigator or court, the application is submitted by an interpreter or a lawyer involved in a criminal case on the appointment of an inquirer, investigator or courts, respectively, to the body of inquiry, the body of preliminary investigation or the court on a monthly basis. The lawyer was asked to submit an application to the court for payment of labor in the prescribed manner, in case of refusal of the court - to appeal it in accordance with the procedure established by law and inform the Chamber of Lawyers of the Samara Region about the results.

An appeal was also received with a request to apply to the Office of the Judicial Department in the Samara Region to resolve the issue of allocating a room for lawyers in the courts or creating a wardrobe for visitors in them. Such an appeal was addressed to the Chairman of the Regional Court.

At the request of the principals, gratitude to twelve lawyers was announced.

The PASO Council approved the decision "On convening the Twenty-first (regular) annual conference of lawyers of the Samara region" and its agenda. The conference will take place on May 27, 2021 in the Mir conference hall of the Renaissance hotel. There are no plans to change the amount of compulsory contributions for the general needs of the Chamber of Lawyers of the Samara Region.

PASO President T. D. Butovchenko announced the results of the first week of the new PASO.ru mobile application. More than 400 lawyers have already registered in it, information is available on the remuneration of lawyers by court orders. All members of the council expressed confidence that all PASO lawyers, and first of all those working in the SJP system, will soon "try" the application and appreciate the level of convenience and accessibility of information, which previously required considerable efforts from the lawyer.

PASO Press Center