PASO COUNCIL MEETING 11/26/2020

On November 26, a meeting of the Council of the Chamber of Lawyers of the Samara Region took place. It took place online using Zoom.

The meeting began with congratulations to the PASO team and, first of all, the PASO President's assistant E.V. Salnikova. and the staff of the Center for Subsidized Legal Aid, which was recognized as a laureate of the Legal Award "Lawyer of the Year" in the category "Human Rights Activity".

24 applicants took the oath of allegiance to the lawyer's duty. The oath took place in full compliance with all anti-epidemiological measures.

The Council approved the applications of three lawyers for suspension, one for renewal, and three for termination of lawyer status.

One attorney submitted an application to the PASO Council for crediting hours of professional development. The Council was forced to refuse the lawyer due to the fact that he fulfilled the Standard for Professional Education and Professional Development of Lawyers and Lawyer Trainees for 2020 in the amount of 40 hours.

Nine lawyers' applications for inclusion in the system of providing subsidized legal aid by appointment, establishment of two and liquidation of one lawyer's office were satisfied.

The Council heard and approved the reports on the results of the audit of the provision of subsidized legal aid by lawyers as a defense attorney in criminal proceedings on the appointment of the bodies of inquiry, the 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 the court in accordance with Art. 50 of the Code of Civil Procedure of the Russian Federation in the Oktyabrsky and Leninsky districts of Samara, in the Central district of Togliatti, the Bezenchuksky and Privolzhsky municipal districts of the Samara region for the period from 01/01/2020 to 03/31/2020.

The check was carried out in respect of 349 lawyers working on the appointment of the bodies of inquiry, investigation and court.

Vice-President of PASO Ryazantsev Yu.A. reported that in the Tsentralny district of Togliatti, 102 lawyers were inspected. At the same time, in three cases, grounds are seen for additional verification and the introduction by the vice-president of the PASO on the initiation of disciplinary proceedings. In 10 cases, the lawyers should be thanked for the impeccable performance of their professional duty.
I.A. Zhdanov, member of the PASO Council reported on the results of the inspection in the Oktyabrsky and Leninsky districts of Samara. The dossiers of 136 lawyers were checked. Igor Alekseevich noted the high level of the submitted dossiers and suggested marking 12 and declaring gratitude to 12 lawyers.
According to the report of the PASO Council member E.V. Latyshkin. in Bezenchuksky and Privolzhsky districts, the dossiers of 8 lawyers were checked.

A number of violations were also recorded, including the provision of legal assistance by appointment in the absence of distribution of the demand by the Center for SJP PASO. Based on all the facts, it was decided to conduct an additional check and the subsequent introduction by the vice-president of PASO about the initiation of disciplinary proceedings.

The PASO Council considered 17 opinions of the Qualification Commission for Disciplinary Cases. In one case, a decision was made to suspend proceedings pending a court ruling a sentence in a criminal case, the circumstances of which are essential for establishing the presence or absence of a violation of the law on advocacy in the actions of a lawyer. One proceeding was sent to the Qualification Commission for a new trial. One proceeding was terminated in connection with the withdrawal of the complaint, one in connection with the withdrawal of the Vice President's submission, and another in connection with the reconciliation of the parties.

In two cases, the Board saw no grounds for a disciplinary action.

One attorney received a remark.

Of the seven disciplinary proceedings initiated in connection with the long-term (more than six months) non-payment of membership fees to lawyers, in six cases the debt was cleared by lawyers literally on the eve of the Council meeting. Comments were announced to them. One attorney received a warning to terminate his status.

On the basis of personal statements of the principals, gratitude to 9 lawyers was announced.

The Council considered the appeal of the lawyer Sh. For clarification on the following issue: earlier he provided legal assistance to the principal on the appointment of the investigating authorities; subsequently the principal entered into an agreement with another lawyer and lawyer Sh. stopped participating in the case. Currently, the lawyer is being summoned to the court on the initiative of the prosecution to testify as a witness, since the former client said that the investigation put pressure on him, the lawyer was not present during the investigation. Sh .'s lawyer asked for clarification: whether he could testify in court.
The Council was unanimous in its opinion that it is the duty of any citizen, including those with the status of a lawyer, to appear when summoned by the court. However, by virtue of Art. 8 of the Federal Law "On advocacy and the legal profession in the Russian Federation" and Art. 56 of the Code of Criminal Procedure, the lawyer is not entitled to testify about the circumstances that became known to him in connection with the provision of legal assistance. In this regard, the Council explained to the lawyer that he should appear when summoned by the court, let the court establish his identity, declare his witness immunity and refuse to testify. At the same time, one should not sign a receipt on criminal liability for giving deliberately false testimony or refusal to testify to a lawyer, since the court should take such a receipt only from witnesses, and a lawyer cannot be a witness in this case.

At the end of the meeting, the members of the Council warmly congratulated the specialist in the development and maintenance of information resources Abdryakhimova R.R. with the birth of a son. The meeting of the Council ended on a good note. Despite the epidemic, life goes on!

PASO Press Center