MEETING OF THE PASO COUNCIL

On July 29, 2021, a regular meeting of the PASO Council took place. It was passed remotely using the Zoom program.

The meeting began with a joyful note - the members of the Council warmly congratulated V.I. Yankin.

The Council then took an oath of allegiance to the legal profession.

The PASO Council satisfied the applications of four lawyers to change their membership in the Chamber of Lawyers of the Samara Region, three - to suspend the status of a lawyer. The status of three lawyers was terminated on the basis of personal applications and four due to death.

Three lawyers have applied to the Council with applications for crediting hours of professional development. In two cases, the hours were not subject to credit due to the fact that this year the Standard had already been executed by a lawyer, that is, the required number of hours had already been accumulated. Control over the number of hours of professional development is available to lawyers in real time in the PASO.ru application.

Lawyers have established two and liquidated four lawyers' offices.

The Council approved applications by fourteen lawyers for inclusion in the subsidized legal aid system.

The only disciplinary proceedings scheduled for consideration were terminated due to the reconciliation of the parties.

The PASO Council considered a number of appeals.

Most of them are related to the remuneration of lawyers "by appointment".

Chairman of the Samara Regional Court V.V. Kudinov sent a letter to the Chamber of Advocates of the Samara Region on the need for up-to-date information on the bank details of PASO lawyers' associations.

The initiative of the head of the Samara Regional Court coincided with the position of the Federal Chamber of the Russian Federation, set out in the Decision of the Council of the Federal Law on the Federal Law of the Russian Federation dated July 8, 2021 on the creation of an electronic Register of lawyers' formations, including the need to submit information about the details of lawyers' associations (collegia, bureaus, lawyers' offices).

There are several reasons for creating a registry. First, the reduction in the time frame for the execution of court orders on the remuneration of lawyers. When transferring information from lawyers' applications for remuneration to the relevant decisions, court employees make mistakes in the details, which entails the return of documents for re-registration. Secondly, there are still cases of opening by lawyers working in offices, accounts for an individual.

The Council decided to create a register of settlement accounts of lawyers' associations and post it on the PASO website. This will allow employees of courts and investigative agencies to copy payment details without fear of making mistakes when entering data manually.

Advocate associations by August 9, 2021 were asked to fill out the relevant questionnaires and send information to the Chamber of Lawyers of the Samara Region. The corresponding documents in the form of a general mailing will be sent via the InternetP @ CO system to the mail of each lawyer.

Judge of the Kinelsky District Court Shevchenko I.G. appealed to the PASO Council in connection with the refusal of the lawyer at the hearing concluding the judicial investigation, to provide the court with an application for his remuneration, which required an additional court hearing to consider the application and led to an increase in legal costs to be recovered from the defendant. From the minutes of the court session attached to the appeal, it followed that the case was considered in a special order. The amount of damage paid by the defendant was eight thousand rubles. At the hearing, as follows from the protocol, the lawyer refused to submit an application for payment, arguing that he had the right to submit an application at the moment he wanted. The lawyer could not answer the question of the court whether the increase in legal costs in this case was in the interests of his client, but did not change his position. The PASO Council considered it possible to express the opinion that the court has the right to refuse the lawyer to pay for participation in the court session, if the need for it is caused by an obvious abuse of procedural rights by the lawyer, not related to the goals of protecting the interests of the client.

In connection with the expansion of the practice of applying Art. 132 of the Code of Criminal Procedure of the Russian Federation, which makes it possible to recover legal costs from a convicted person, the issues of remuneration of a lawyer by appointment become especially acute. In order to minimize the risks of claims and complaints against the lawyer, the PASO Council recommends, at the first conversation with the client, by appointment, to clarify the provisions on the subsequent recovery of legal costs, drawing up the explanations with an appropriate receipt.

Another appeal on the issue of remuneration of attorneys by appointment came from a lawyer. It was caused by the practice of the courts issuing a single order both on the remuneration of the lawyer and on the recovery of legal costs from the defendant. If the defendant appeals against it, the decision does not enter into force for several months, and during this time the lawyer is not able to receive remuneration. The PASO Council decided to send the chairman of the Samara Regional Court V.V. Kudinov. a letter with a proposal for solutions to the problem.

Vice-President of PASO N.Yu. Sukhova sent an appeal to the Council to take measures to change the organization of the access regime to the buildings of courts of general jurisdiction in connection with the ban on the passage of participants in the proceedings. All participants in court cases arriving at the set time, including lawyers, are not able to go to court, waiting for the start of the session next to the courtroom, and are forced to stay in the hallway or hallway of the court until they are called by the bailiff or an assistant judge comes down for them. At the same time, a large number of people accumulate in a tight space, which is extremely risky in a pandemic. The PASO Council decided to appeal to the Chairman of the Samara Regional Court V.V. Kudinov. with a request to change the working conditions of court visitors and, above all, lawyers, their assistants and trainees.

The PASO Council received an appeal for clarification on the need to notify Roskomnadzor about the processing of personal data in accordance with paragraph 2 of Art. 22 of the Federal Law "On Personal Data" No. 152-ФЗ dated July 27, 2006, the Council explained to the lawyer that if the lawyer's education complies with the requirements for the processing of personal data of citizens, provided for in Part 2 of Art. 22 ФЗ № 152, the collegium has the right to process personal data without notifying Roskomnadzor. This position is confirmed by the practice of the Supreme Court of the Russian Federation.

PASO President T. D. Butovchenko informed the Council about a letter from the leadership of the regional investigative committee, in which the investigative departments are instructed to refuse lawyers to satisfy applications for remuneration of their labor, not related to participation in investigative actions - visiting the principal in the isolation ward to agree on a position, prepare a complaint, petitions, etc. a unanimous decision was made to send a letter to the Investigative Directorate of the Investigative Committee of the Russian Federation for the Samara Region, indicating the inadmissibility of restricting a lawyer in the choice of actions to protect the interests of the client and the need to take measures that will eliminate such situations.

At the meeting, a decision was made on the participation of the football team of the Chamber of Lawyers of the Samara Region in the X All-Russian mini-football championship among lawyers for the prize of Advokatskaya Gazeta. The championship will take place on September 23-24, 2021 in Vladikavkaz, Republic of North Ossetia-Alania.

The Council satisfied the application of A.V. Izosimov, the head of the School of Young Lawyer PASO. on resignation. The management of the educational process of the School and the work of its free legal advice will be continued by the scientific director of the School Ivanova T.D.

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

PASO Press Center