PASO Council meeting

On May 30, 2024, the first meeting of the PASO Council in its new composition was held. The President of the Chamber T. D. Butovchenko greeted the newly elected members of the Council and wished successful and fruitful work to the entire composition.

The meeting began with the presentation of medals "For Professionalism", the following lawyers were awarded:

Gudkov Denis Yuryevich
Dzhubandikov Nadyrshe Asylbekovich
Ermilov Vyacheslav Vladimirovich
Zotova Lolita Viktorovna
Kazakov Dmitry Sergeevich
Mirzoyan Sergey Karoevich
Sanatullov Amirzhan Rakhimzyanovich

Taking the oath

Eighteen applicants who successfully passed the Qualification Exam, three of whom were noted separately as having passed the test without a single mistake, took the oath and listened to the parting words of the President of the Chamber and congratulations on the eve of the holiday - the Day of the Russian Bar Association.

Then the Council proceeded to consider the issues on the agenda.

Organizational decisions

Due to personal circumstances, in accordance with subparagraph 5 of paragraph 1 of Article 16 of the Federal Law "On Advocacy and the Bar in the Russian Federation", the status of six lawyers was suspended.

The status of one lawyer was resumed on the grounds of Part 5 of Article 16 of the Federal Law "On Advocacy and the Bar in the Russian Federation".

The status of four lawyers was terminated on the grounds of subparagraph 1 of paragraph 1 of Article 17 of the Federal Law "On Advocacy and the Bar in the Russian Federation".

The status of Andrey Vladimirovich Bochkarev and Tatyana Veniaminovna Podlesnaya was terminated due to death. The PASO Council expresses its sincere condolences to their families and friends.

The PASO Council satisfied the following applications: on inclusion in the subsidized legal aid system - eight lawyers; on the implementation of the Standard of professional training and professional development - eighteen lawyers; on entering information into the register of advocacy entities - five advocacy offices were approved, and one advocacy office was liquidated; on termination of membership in PASO on the grounds of paragraph 5 of Article 15 of the Federal Law "On Advocacy and the Bar in the Russian Federation" - one lawyer.

Disciplinary Practice

During the meeting, six disciplinary proceedings were considered.

When considering two of them, the parties to which appeared in person and expressed their agreement with the Conclusions of the Qualification Commission, unanimous decisions were made to issue warnings about the termination of status.

The disciplinary proceedings initiated at the request of the judge were terminated due to the reconciliation of the parties.

In one of the disciplinary proceedings, the Qualification Commission, having verified the arguments of the applicant, having studied the lawyer's file, the minutes of the court hearing, came to the conclusion that the client's claims were unfounded. In connection with the proper performance of the professional duties of the lawyer, the PASO Council made a decision to terminate the disciplinary proceedings.

One of the disciplinary proceedings, by decision of the PASO Council, was sent to the Qualification Commission for a new review to request additional evidence to support the position, which may be significant for the final decision.

Particular attention was paid to the disciplinary proceedings that were initiated based on the submission of the Vice President of the PASO against lawyer P. Lawyer P., representing the interests of the victim in a criminal case, drew up official documents - petitions, which contained incorrect and slang expressions. Lawyer P. also conducted incorrect, non-procedural correspondence of an offensive, obscene nature with the investigator in instant messengers. Thus, by his actions, lawyer P. violated the requirements of paragraphs 1, 4, part 1, article 7 of the Federal Law "On Advocacy and the Bar in the Russian Federation", paragraph 1, article 4, paragraphs 1, 2, article 8, paragraph 7, part 1, article 9, part 5, article 9, article 12 of the Code of Administrative Offenses, i.e. he committed an act that discredited his honor and dignity and diminished the authority of the bar. Previously, a disciplinary measure in the form of a warning was applied to lawyer P. for similar behavior, but the situation did not change, and lawyer P. continued to practice law in the same manner, which discredits the honor and dignity of the lawyer and diminishes the authority of the bar. In connection with the above, the PASO Council unanimously decided to terminate the status of a lawyer for violating the norms of the legislation on advocacy and the bar, as well as the KPEA. At the end of the meeting, issues related to amendments to the Federal Law "On Advocacy and the Bar" were raised, namely, the replacement of the lawyer's certificate for lawyers whose experience exceeds fifteen years. The replacement must be made within three years from the date of entry into force of the amendments. The unified state register of lawyers was discussed, as well as the implementation of the CIS AR system in the Samara Region. An important change, subject to subsequent clarification by the PASO Council, is the possible termination of the status of a lawyer in connection with the lawyer's departure for permanent residence or for a period of more than one year outside the Russian Federation.

The PASO Council notifies lawyers about the entry into force of the "Regulations on the procedure for preliminary notification of the FSB of the Russian Federation (territorial security agency) and the Foreign Intelligence Service of the Russian Federation by certain categories of persons about leaving the Russian Federation", approved by Decree of the President of the Russian Federation dated 20.05.2024 No. 429. Information on this issue has been sent to each lawyer via the InternetP@SO system.

PASO Press Center