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The Decision Of The Ministry Of Justice On The Establishment Of Rules Of The General Bar Association

Original Language Title: Oikeusministeriön päätös yleisen asianajajayhdistyksen sääntöjen vahvistamisesta

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Decision of the Ministry of Justice laying down the rules of the General Bar Association

See the copyright notice Conditions of use .

The Ministry of Justice is Law of 12 December 1958 (496/58) In accordance with Article 14 (2) and Article 14, on a proposal from the provisional government of the General Bar Association, whose name is the Finnish Bar Association, in Swedish the Finlands Advokatförbund, the rules of:

General provisions
ARTICLE 1 (6.7.2000/671)

The Finnish Bar Association, Finlands Advokatförbund, is a lawyer in the Law of 12 December 1958. (446/58) Referred to as the general bar association of the country.

The Association shall be the competent authority referred to in the Directive (98/5/EC) concerning the facilitation of the permanent exercise of the profession of lawyer in a Member State other than that in which the professional qualification was obtained.

The seat of the Federation is the City of Helsinki.

ARTICLE 2

The purpose of the Federation is to:

The maintenance of the responsibility and professionalism of its members, as well as the development of the law in the country, so that the members of the covenant are well-served, The Bar;

Promoting the professional integrity of lawyers and their common professional knowledge, and

Supervising the activities of lawyers.

The Federation will also seek to monitor legal developments in the country, as well as opinions and initiatives, through the provision of experience to be used by society.

The Federation can also set up its purpose, as well as financial security funds for its members and their families.

ARTICLE 3 (6.7.2000/671)

The decision-making power of the members of the Union shall be exercised by a delegation whose members are elected in the meetings of the

The affairs of the Union are managed by the government elected by the delegation.

The Federation is divided into departments which each have their own government.

Members shall be entitled to participate in the management of their departments at the meeting of the members who arrive at the meeting.

Members
§ 4 (6.7.2000/671)

The members of the Federation shall be accepted as members of the Union in the order in which the law was adopted and those laid down in those provisions.

A Member who is labelled a lawyer's list of lawyers is a lawyer and is entitled to use the professional title of the lawyer.

Article 5b of the Law on Lawyers (1249/1999) To refer to the EU list for a lawyer from another Member State of the European Union (an eu lawyer), who is not a member of the Union, is set out below.

In addition to the members of the Bar, there may be passive members and honorary members.

When these rules talk about a member, it does not mean a passive member or an honorary member.

§ 5 (6.7.2000/671)

A Member may be a national of Finland or another Member State of the European Economic Area, who may be professional or take charge of his or her duties,

1) is 25 years of age and resident in the European Economic Area;

(2) is well known, as well as other characteristics and ways of life, to practise a lawyer;

(3) has completed the study samples provided for in the country;

(4) has acquired the skills necessary for the exercise of a lawyer's activity and practical experience in carrying out a qualification before becoming a member for a period of at least four years in the field of justice or comparable to that of For actions or tasks in the field of judicial training, but not less than two years as an assistant to a lawyer, a general legal adviser or a self-employed person, or any other activity in which he or she is To a similar extent in the performance of the relevant duties;

(4a) by carrying out, in the order approved by the Ministry of Justice, a specific degree of knowledge of the provisions and guidelines relating to the criteria for the conduct of the law, as well as the requirements of good lawyers; and

5) is not bankrupt and whose viability is not limited.

When the applicant has already completed the examination referred to in point (4) (a) of paragraph 1 or otherwise demonstrated that he has the information mentioned therein, the applicant may waive the applicant's examination.

A person who, in another Member State of the European Economic Area, has the professional qualifications of a lawyer may become a member if he has completed the recognition of diplomas awarded by nationals of countries of the European Economic Area 30 Regulation of 31 December 1993 (1622/1993) Of the Law Faculty of Law of the University of Helsinki, which is responsible for the qualification of qualification as a candidate for law degree in law, and Article 3 (2) of the Law on Lawyers, (1993) Of the test.

Notwithstanding paragraphs 1 (3), (4) and (4a) and (3) of paragraph 1, an EU lawyer may become a member of the EU list after three years of writing on the EU list if he/she demonstrates that he has exercised a lawyer on a regular basis in Finland at least during that period. The applicant shall present a written or other explanation of the mandates and activities of the Board of Directors.

A servant of the State or of the municipality, or a servant based on a post or other duty relationship, shall not be a member of the Union unless the Government of the Union, for specific reasons, consent to it. Nor shall he be a member of another service or other gainful activity which may be expected to have an adverse effect on his independence as a lawyer.

In addition, a lawyer cannot be allowed to practise a lawyer abroad in a country other than the State of the European Economic Area.

ARTICLE 6

The application shall be made by a written application to the Government of the Union in which the applicant shall declare that he accepts those rules and shall submit to the arbitration procedure referred to in Article 35. The application shall be accompanied by a statement that the applicant fulfils the conditions set out in Article 5 (1). Where a person applying for membership of a State or a municipality applies for membership, he shall also declare that the conduct of the law is not contrary to his or her duties and the statement made by his superiors on that point.

The application shall be submitted to the relevant department of the Union, which shall give its opinion in writing on the compliance of the applicant with the requirements of Article 5 (1) (2) and (4). (6.7.2000/671)

The government of the department must, without delay, send an application to the Board of Directors of the Union and its associated opinions.

§ 6a (6.7.2000/671)

A lawyer from a Member State of the European Union who is permanently practising a lawyer in Finland, using his original professional title, may register in the EU list. The listing shall be made in writing. The applicant shall present a certificate stating that he is entitled to practise a lawyer in order to facilitate the exercise of the profession of lawyer in a Member State other than that in which the professional qualification was obtained (98/5/EC) In a Member State of the European Union as referred to in the Directive. The certificate shall not be three months older. The Finnish Bar Association shall inform the competent authority of the Member State where the lawyer originates.

What is provided for by these rules shall apply mutatis mutandis to an EU lawyer.

The EU lawyer shall, in the exercise of the profession of lawyer in Finland, indicate the professional title used in the Member State from which he comes, expressed in the language of that State, by reference to the professional organisation to which he belongs.

§ 7 (6.7.2000/671)

Any Member who takes on a service within the meaning of Paragraph 5 (5) (1), or moves to another, shall be obliged, if he wishes to continue acting as a lawyer, without delay, to ask the Government of the Union to: In accordance with the same article. Such an application shall apply mutatis mutandis to the provisions of Article 6 on the application for membership.

§ 8

The Government of the Union shall, when examining the applications referred to in Articles 6, 6a and 7, obtain any further explanations it deems necessary. (6.7.2000/671)

If the application is rejected, the relevant government decision shall be justified.

The authorisation shall be given without delay to the applicant, as well as to the Attorney General and to the court of law in which the office of admission to the tachograph is located. (11.4.1985)

§ 9

In the case of a passive member, the Union's Board of Directors may, on application, accept a lawyer who ceases to be a lawyer. (6.7.2000/671)

The delegation may, on a proposal from the Board of Directors, invite a person, irrespective of the conditions set out in Article 5, to a home or a foreign person who, in a particular manner, has served as a lawyer or has acted in favour of the Bar. A person who is not a member of the Union and not a passive member may, if it is unanimous, call an honorary member. (2 MARCH 1992)

Government
ARTICLE 10 (2 MARCH 1992)

The board of the Federation, in which the various parts of the country and each language group must be represented, shall be composed of the Chairperson and the Vice-Chairperson of the Union and seven other members. Each latter must be a personal reserve man. All members of government must be lawyers.

The President and the Vice-President and the other members of the Board of Directors and their alternates shall be elected at the main spring meeting of the delegation, in which case their term of office shall begin. The term of office shall last three years and shall end in the final spring meeting of the delegation in the third year after the election. (6.7.2000/671)

He who has been a member of the Board for six consecutive years may be re-elected for a term of office only three years after the end of his previous term of office. As far as the above is concerned, as a member of the Board of Directors, a six-year term of office is not precluded from being elected President or Vice-President of the Union. (6.7.2000/671)

The Chairperson and the Vice-President and other members of the Board and their alternates shall not be members of the Union delegation or the Disciplinary Board.

The government shall, in addition to the Chairperson and the Vice-Chair

(1) two members from the Helsinki Department; and one member

(2) Turku or Port State Department;

3) From the Häme, Päijät-Häme or Central Finland compartment;

(4) Titles 10, Mikkeli or East Finland;

(5) From Vaasa, Oulu or Lapland; and

6) representative of Swedish-speaking lawyers.

ARTICLE 11

If the Chairperson or Vice-Chairperson of the Association, the other member of the Board of Directors, or any other member of the Board of Directors, dies or ceases to be a member of the Union, the latter shall, when it considers it necessary, submit a continuing election in which he shall be replaced by another For the remainder of the term of office.

For the purposes of calculating the period of six years referred to in Article 10 (3), the time for which a person has been elected as a member of the Board of Directors shall not be included in the calculation of Article 10 (3). (2 MARCH 1992)

ARTICLE 12 (2 MARCH 1992)

The Board of Directors shall represent the Union and, in accordance with the rules of the law and the Union, and in accordance with the instructions given by the delegation, take care of its affairs.

In addition, the government has a duty to what is laid down elsewhere in these rules:

(1) maintain the list of lawyers referred to in Article 4 (2) and the EU list referred to in Article 6a; and, in the course of January, send them to the Ministry of Justice; (6.7.2000/671)

(2) to ensure that members of the court or other authority, as well as in other activities, fulfil their obligations as lawyers and comply with a good lawyer's practice;

(3) exercise disciplinary authority in so far as it is not subject to the law of the disciplinary board;

(4) take care of the economic affairs of the Union and its accounts;

(5) issue opinions requested by the Union authorities and make proposals for the adoption of legislative measures necessary for the development of the lawyer's institution or otherwise necessary due to legal developments; and

6) take the Secretary-General and the officials of the Union.

ARTICLE 13 (2 MARCH 1992)

The name of the Union shall be written by the President, the Vice-President or the full member of the Board of Directors, each of them, together with the other member of the Government or the Secretary-General.

ARTICLE 14

The Board of Directors shall meet at the invitation of the Chair in a place designated by the Government or by the The Chairperson shall convene the Board if at least two members of the Board of Directors so require. (2 MARCH 1992)

An invitation to a board meeting and a list of pending cases shall be sent to the members of the board by a letter registered at the latest seven days before the date of the meeting. A member shall, in good time, inform the association's office of any obstruction that may arise so that his/her replacement may be invited to replace him.

The cost of travel expenses incurred by the Board of Directors at a meeting of the Board of Directors shall be paid out of the Union's financial resources to those arriving on board, on the basis of the criteria set out in the delegation. (2 MARCH 1992)

§ 15

The Board of Directors shall have a quorum of at least five members. (2 MARCH 1992)

In the event of a vote, matters shall be settled by a simple majority. In the event of a tie, the opinion supported by the President wins. The question of the vote in the Rules of Procedure on the voting in criminal matters is subject to disciplinary action. However, when it comes to the dismissal of a Member, that opinion will only be won if at least five of the participants are in favour of it. The inescapable nature of the matter relating to the membership of the union and membership of the Union shall be in force, as provided for in the case of the Judge. (2 MARCH 1992)

Paragraph 3 has been repealed by P 2.3.1992/203 .

For the purpose of dealing with running cases, the Board of Directors may be appointed by the Board of Directors, whose composition is determined by the Board of Directors. (2 MARCH 1992)

Delegation
ARTICLE 16 (11.4.1997)

Each department of the Union shall elect a member and an alternate member from each of the 40 members of the delegation. The members of the delegation must be lawyers. Their term of office shall begin on 1 March of the year in which they are elected and shall continue for three years. He who has been a member of the delegation for six consecutive years may be re-elected for a term of office only three years after the end of his previous term of office.

The delegation shall elect a Chairperson and a Deputy Chairperson from among its members. They shall have their term of office, notwithstanding the provisions of paragraph 1, until the new ones are selected. (6.7.2000/671)

§ 17 (11.4.1997)

The delegation has two meetings, one in the spring and the other in the winter.

At the spring meeting:

(1) two inspectors shall be appointed;

(2) the Chair and the Vice-President of the delegation shall be elected to replace those whose term of office ends;

3) to discuss the government report on the activities of the Union and its financial management in the previous year, the audit report and the question of granting discharge to the Government;

(4) elected members of the Board of Directors to replace those whose term of office ends;

(5) appoint the members of the Disciplinary Board to replace those whose term of office ends;

(6) the accounts and financial management of the Union shall be audited by two auditors and two alternates, of which the second auditor and his deputy must be approved by the Central Chamber of Commerce;

(7) laying down guidelines for the conduct of Members' proceedings;

(8) in the case referred to in Article 20 (2) (3) of the Government or in the case referred to in Article 20 (2);

(9) shall deal with the proposals made by the members in writing to the Board of Directors at the latest on 15 April of the year.

Winter meeting:

(1) two inspectors shall be appointed;

2) to present an action plan and a budget, taking into account the provisions of Article 12 (1);

(3) fixes the fees to be paid by the members for the expenditure of the Union and the annual contributions of the passive members;

(4) lays down the criteria for the payment of travel expenses to the participants of the Board of Directors, the Disciplinary Board and the delegation of the delegation;

(5) laying down guidelines for the Members' conduct of business;

6. Address the issues raised by the Board of Directors;

(7) shall deal with the proposals made by Members in writing to the Board of Directors at the latest on 15 November preceding the meeting.

ARTICLE 18

The delegation shall meet with its Chairperson or, in his absence, at the invitation of its Vice-President, at the place designated by the delegation or the invitation to convene. (6.7.2000/671)

The actual meetings of the delegation shall be held annually by January ( Winter meeting ) And June ( Spring meeting ). An extraordinary meeting of the delegation shall be held when the Board of Directors considers it necessary or when at least one third of the members of the delegation require it to be convened. (11.4.1997)

An invitation to a delegation meeting shall be sent to the members of the delegation at least two weeks before the meeting in the letter registered. A Member shall immediately inform the association's office of the impedimation which has arisen in order to invite the alternate member of the same department to replace him. The meeting shall be accompanied by an indication of the items to be discussed at the meeting. The same notification shall also be sent to the titles. (2 MARCH 1992)

The mission expenses incurred by the delegation to the delegation shall be reimbursed to each of the assets of his or her own department. (2 MARCH 1992)

§ 19

There shall be a quorum of at least half of its members at the meeting.

Each member of the delegation shall have one vote. Decisions shall be taken by a simple majority, except in the cases referred to in Article 21 (2) and Article 56. In the event of a tie, the President-in-Office will win the vote, except in the election, in which it counts. (6.7.2000/671)

§ 20 (2 MARCH 1992)

The delegation shall have a procedural committee composed of the chairman of the delegation and one member from each of the Union's departments. The department shall appoint a member of the delegation and alternate members each year from its elected representatives. The Committee shall be chaired by a member of the Helsinki Department and Vice-President of the Helsinki Department. (11.4.1997)

The committee shall meet at the invitation of its chairman. The convening and quorum shall apply mutatis mutandis to the provisions of the delegation. However, no notification shall be sent to the sections on the subjects to be discussed at the meeting. In the event of a delegation meeting, the committee may, if necessary, meet immediately without a special meeting invitation. (11.4.1997)

The committee shall be responsible for:

(1) make a proposal to the delegation as President, Vice-President and other members of the Board of Directors and their alternates;

(2) submit to the delegation a proposal for the chairmanship of the Disciplinary Board, Vice-Chair, other members and alternate members;

(3) submit a proposal to the delegation for the chair and vice-chair of the delegation;

(4) shall give an opinion to the delegation on the management of the Union's funds, if the auditors or one of them considers that the discharge should not be granted to the government, and when the committee agrees with the opinion refusing to grant discharge; A presentation to the covenant on the measures to be taken by the management of the funds; and

5) to address the issues addressed to it by the delegation or the government.

(6.7.2000/671)

The proposal of the committee of proceedings from outside the Bar to the Disciplinary Board shall be forwarded to the Ministry of Justice for its opinion.

ARTICLE 21 (2 MARCH 1992)

The election of the President and Vice-President of the Delegation shall be the candidates proposed by the Committee on Procedure. The members of the delegation shall have the right to propose candidates. The one who gets the most votes is the chosen one. (11.4.1997)

The election of the President, the Vice-President, the other members of the Board of Directors, the other members of the Board and their alternates, as well as the members and alternate members of the Disciplinary Board, and the members and alternate members of the Disciplinary Board shall be candidates proposed by the Committee on Procedure, For elected representatives. However, members of the delegation shall be entitled to nominate candidates. If the candidate has not received at least two thirds of the votes cast, the person who has been nominated by the Committee on Procedure shall be deemed to be elected. (6.7.2000/671)

General Bar Association (2 MARCH 1992)
§ 22 (6.7.2000/671)

The Board of Directors may decide to hold a general meeting. The meeting will address the issues of relevance to the Bar, with presentations and discussions. The topics can be linked to the organisation, the conditions of employment and legal phenomena.

The invitation to the meeting shall be published in the covenant's voiceholder no later than six weeks before the meeting.

Federation Office
ARTICLE 23

In the city of Helsinki, there is an office which is under the responsibility of the Secretary-General employed by the Union. (2 MARCH 1992)

Only a lawyer or a lawyer who fulfils the eligibility criteria set out in Article 5 (1) may be the Secretary-General or, if so, with his training, experience, skill and personal characteristics, The appropriate person. (11.4.1997)

There must be a necessary staff in the office, staff recruited by the Union.

The office shall be open during a period laid down by the Union's Board of Directors, on a daily basis, but not on a daily basis. (11.4.1985)

Federation accounts and their inspection
§ 24

The accounts shall be decided on a calendar year and shall be submitted to the auditors at the latest in March. (7.6.1994/443)

Each year the auditors shall carefully examine the accounts and the management of the Union and issue an inspection report before the end of April to the Association Office. The audit report shall propose either to grant or refuse to grant discharge. If the auditors or one of them considers that the government should not be granted discharge, the Secretary-General shall, without delay, inform the Chairman of the Committee on Procedure. The committee shall be convened immediately to decide on the proposals to which the audit report gives rise to. (2 MARCH 1992)

Federation compartments
ARTICLE 25 (6.7.2000/671)

The cylinder has the following sections:

(1) the Helsinki Department, with the exception of the provinces of Uusimaa and the east of the country, with the exception of the municipalities belonging to the title of Päijät-Häme;

2) Title of Turku, which includes the Province of Åland and the province of Southwestern Finland and the municipality of Forssa, the municipality of Forssa and the municipalities of Jokioise, Tammela and Ypäder;

(3) A section of the port, with the exception of the province of the province of Punkalaitum and the municipality of Pirkanmaa, with the exception of the municipality of Port of Pirkanmaa;

4) The Häme Department, whose territory includes the Provinces of Canta-Häme and Pirkanmaa, with the exception of the town of Forsø, the municipalities of Jokians, Tammela and Ypäder and Ape. The province of the municipality of Häme belongs to the municipality of Punkalaitumen;

(5) The Department of Päijät-Häme, whose territory includes the province of Päijät-Häme and the province of UUusimaa from the province of Mäntsälä and Eastern Uusimaa, the municipalities of Askola, Myrsvillage and Pukkila;

6) Tenth division, with the territory of Kymenvalley and Southern Karelia;

7) Mikkeli's compartment, with the territory of South Savo;

(8) East Finland, which covers the provinces of North Savo and Northern Karelia;

9) Central Finland, with the territory of the Province of Central Finland;

10) Title of Vaasa, with the territory of the provinces of Ostrobothnia, South Ostrobothnia and Central Bothnia;

11) Title of the Oulu, with the territory of North Ostrobothnia and Kainuu; and

12) Children's Department with the territory of Lapland.

§ 26

The Member and the EU lawyer shall be part of the department in whose territory he is primarily a lawyer. (6.7.2000/671)

If there is any disagreement as to which title a member belongs to, the Union shall decide the matter.

§ 27

Each department must have the rules laid down by the Board of Directors.

The meeting shall have the right to make payments to the members for the execution of the department's expenditure.

The minutes of the meeting of the department and its government shall, within two weeks, send a copy to the Government of the Union.

ARTICLE 28

The decision of the department or its Board of Directors shall be revoked without delay by the Government of the Federation if it is contrary to the interests of the statutes of the association or of the association or of the interests of the Union, or if it imposes an excessive financial burden on the members of the department Burdens.

§ 29 (6.7.2000/671)

In accordance with the provisions of Article 16, the department shall, on the basis of its membership of 31 December of the preceding year, elect its representatives to replace those whose term of office ends. EU lawyers, who also have the right to vote at the meetings of the department, shall be included.

The Secretary-General of the Union shall, by 10 January, send to the government of each department a list of the members and EU lawyers concerned in the relevant department.

Payments to the Union
ARTICLE 30 (6.7.2000/671)

A member and a passive member shall be obliged to carry out the membership fees which the delegation decides. The amount of the fee may be determined independently in the case of lawyers and other servants working in the service, as well as for passive members, but it must be equally high for the same group. Lawyers acting independently and acting as assistants may be subdivided into sub-groups according to the criteria adopted by the delegation. In the same sub-group, the fee shall be equal.

An EU lawyer shall be obliged to carry out an annual registration fee of the amount of the delegation. The registration fee shall not exceed the membership fee.

ARTICLE 31 (7.6.1994/443)

If the association has set up the funds referred to in Article 2 (3), the delegation, acting on a proposal from the Board of Directors, may make it compulsory for a member to make payments to the Fund, the size of which shall be fixed by the delegation and, by the same token, comply with the payment of the fee. In accordance with Article 30, it is in force.

ARTICLE 32 (7.6.1994/443)

In the event of a specific subject, the Board of Directors may exempt a lawyer or a passive member from the payment of a membership fee or a full membership fee and the fee referred to in Article 31.

§ 33 (7.6.1994/443)

§ 33 has been repealed by P 7.6.1994/443 .

Arbitration procedure
§ 34 (6.7.2000/671)

The Government of the Union shall arbitrate the dispute between its members and the company on whose behalf it has worked, and the non-union dispute concerning the payment of the fee payable and the reimbursement of costs. The arbitration procedure shall be initiated within one year of the invoicing of the fee and costs.

ARTICLE 35 (21.10.1961/502)

In the event of a dispute between a member of the Union or a member of the association, on behalf of whom it has been acting and who is not members of an association, is a dispute within the meaning of Article 34 above, a non-member of the Union who wishes to see a dispute between the members of the government The arbitration procedure initiated in a statement addressed to the Board of Directors in a statement addressed to the Board of Directors concerning the fees and costs at issue and the name of the person who took the order. The defendant in the proceedings is a member of the covenant, who is personally responsible for the obligations arising from the performance of the task, and the company for which it has worked. The arbitration procedure shall also be subject to a submission which, after the application referred to above, has ceased to be a member of the Union. (6.7.2000/671)

Where a dispute has been lodged by the Union's office in accordance with paragraph 1, the Board of Appeal shall, without delay, submit a copy of the application to the opposition, in which case the (967/92) Article 12 Shall be deemed to have been submitted. (7.6.1994/443)

The lawyer or company involved in the dispute, for which it has acted, shall not be entitled to compensation for its costs in this arbitration procedure. (6.7.2000/671)

§ 36 (2 MARCH 1992)

In the event of a dispute between the Board of Directors, the Board of Directors shall be entitled to impose three existing or former members or members of their alternates or of a member of the Board of Directors of a department as arbitrators. Address and resolve the issue. (6.7.2000/671)

The arbitrators are not entitled to a fee for carrying out the task. However, they must be reimbursed for travel expenses, as provided for in Article 14 (3) to reimburse travel costs incurred by the board meeting.

ARTICLE 37 (21.10.1961/502)

A contract which has been awarded to a member of the Union for a fee or compensation to be awarded to a member of the Union shall not be complied with if it appears to be excessive.

Members' obligations
ARTICLE 38

Members shall be honest and conscientious in fulfilling the duties entrusted to him and in all their activities in accordance with the best practice of lawyers and the instructions to be followed by Members.

The Member is obliged, when the law and a good lawyer is so demanding, to keep quiet about what he has learned in his action. (6.7.2000/671)

The act of a lawyer shall not be exercised in a company other than with a lawyer unless the Board of Association wishes to authorise it for special reasons. The act of a lawyer may only be a limited liability company subject to the authorisation and conditions laid down by the Board of Directors. The statutes of such a limited liability company may be amended only with a similar licence. (2 MARCH 1992)

The members shall keep the money and other assets separate from their own resources.

ARTICLE 39

Members shall

(1) maintain appropriate accounts and lists of the legal, inheritance and other functions received and the activities carried out therein; and

(2) inform the government of the purpose of the list of lawyers for the purpose of marking their postal address, domicile and other information required by the government. (6.7.2000/671)

ARTICLE 40

The Member shall be obliged to provide the Board of Directors with all the information required for the purpose of carrying out the checks referred to in Article 12 (2) (2). The Member shall also be obliged to allow a person appointed by the government to carry out an inspection in his office, when the board deems it necessary for the purposes of monitoring its supply, and in such a case to present the documents to be examined by the Shall be required.

A member of the Board of Directors and a journalist shall not be allowed to express, unlawfully, what they have learned in the performance of their supervision and of their activities.

ARTICLE 41

The obligation of a Member to act on the order of the court as a lawyer or agent shall be valid for the purposes of the law, which is laid down by the law in general for the person exercising the law.

Unification of the union
ARTICLE 42

When a member or a passive member wishes to withdraw from the marriage, he shall make a written declaration to the Board of Directors, but shall nevertheless be responsible for the payment of fees to the Union for membership of the Union for a period of one month. (6.7.2000/671)

The resignation of a Member shall take effect two months after the notice of resignation unless the Government agrees on the application to the effect that the difference enters into force earlier. (2 MARCH 1992)

ARTICLE 43 (11.4.1997)

If a member or a passive member fails to make a payment to the Union or its department and does not pay the fee within four weeks after receiving the request, the Board of Directors shall have the right to say that he has resigned.

ARTICLE 44 (6.7.2000/671)

Any Member who loses the European Economic Area's nationality or permanently moves outside the European Economic Area ceases to be a member of the Union and has to be removed from the list of lawyers. The same applies to a member who is bankrupt or whose viability is limited.

If a Member ceases to be a lawyer or if, for the purpose of Article 5 (5), he ceases to be entitled to be a member, he shall ask for a divorce. If he does not do so without delay, the government will find him divorced and removed from the list of lawyers.

If an EU lawyer ceases to be a lawyer in the country where he originates, he shall be removed from the EU list.

If a passive member no longer fulfils the eligibility criteria referred to in Article 5 (1) (2), or if he has committed an act which is likely to reduce the value of the covenant, he shall be dismissed by the Union's Board of Directors.

The disciplinary procedure
ARTICLE 45 (2 MARCH 1992)

The Disciplinary Board shall be composed of the Chairperson, the Vice-Chair and the seven other members and each of the latter's individual alternate members, who shall be elected by the delegation. The two members and their alternates shall be non-members of the Bar and their suitability as members of the panel shall be preceded by an opinion from the Ministry of Justice. (6.7.2000/671)

The board must have at least one lawyer member as follows:

1) from the Helsinki Department;

(2) Turku or Port State Department;

3) From the Häme, Päijät-Häme or Central Finland compartment;

(4) Titles 10, Mikkeli or East Finland; and

5) From Vaasa, Oulu or Lapland.

The Chair of the Disciplinary Board, the Vice-Chair, other members and alternates shall be elected at the main spring meeting of the delegation, in which case their term of office shall begin. The term of office shall last three years and shall end in the final spring meeting of the delegation in the third year after the election. (6.7.2000/671)

A person who has been a member of the Disciplinary Board for a continuous period of six years may be re-elected for a term of office only three years after the end of his previous term of office. As far as I am concerned, as a member of the Disciplinary Board, it does not prevent six years from being elected President or Vice-President of the Disciplinary Board. (6.7.2000/671)

Members of the Disciplinary Board shall not belong to a delegation or government of the Union.

In accordance with Article 11, the death or loss of eligibility of the Disciplinary Board shall be conducted in accordance with Article 11.

Members not members of the Bar of the Disciplinary Board shall be paid a fee of the amount of the covenant, of which the Board of Directors decides.

ARTICLE 46 (2 MARCH 1992)

The Disciplinary Board shall have a quorum when at least five of the members, including one from outside the bar, are present. If the Chairperson and the Vice-Chairperson have an obstacle, the chair shall be chaired by a member of the Bar. (6.7.2000/671)

The decision of the Disciplinary Board, according to which the lawyer should be separated from the Finnish Bar Association, must be subject to confirmation by the Board of Directors. If the Board of Directors does not decide to confirm, the case shall be referred back to the Board and shall be referred to it.

The inescapable nature of the disciplinary procedure is in force, as laid down in the case of the judge.

§ 47 (6.7.2000/671)

Disciplinary Board deals with disciplinary matters. They are:

(1) the affairs of the Board of Directors, in the context of the supervision of the lawyers of the Union, if, on the basis of the supervision, there are grounds for suspecting that the lawyer has failed to act in such a manner in accordance with Article 7 of the Law on Lawyers;

(2) matters arising from the Attorney General's request;

(3) Chapter 15 of the Court of Justice The cases notified under Article 10a; and

4. The matters arising from the complaint of the lawyer's own client.

The case shall be initiated, including when the lawyer's declaration has entered the office of the union or the suspicion of a public lawyer has been informed. The Secretary-General shall decide whether or not to proceed to a disciplinary or supervisory review. If the disciplinary proceedings are directed against a member of the Union's Union Member State, the initiation of the procedure shall be notified to the competent authority of the Member State in which the lawyer operates.

Before any disciplinary proceedings are initiated against an EU lawyer, the Government shall inform the competent authority of the Member State where the lawyer originates. The disciplinary procedure shall be carried out in cooperation with this authority. However, communications shall be without prejudice to the competences of the Union in the field of disciplinary matters.

Where the Disciplinary Board finds that a lawyer is guilty of the offence referred to in Article 7 of the Law on lawyers, the Board shall give him the disciplinary penalty provided for therein.

Where a member of the disciplinary procedure has resigned, the proceedings shall be continued and the Disciplinary Board shall issue an opinion as to whether, in his capacity as a member, he or she has been guilty of any disciplinary proceedings and of the following: Would have deserved it.

ARTICLE 48 (2 MARCH 1992)

The disciplinary hearing will be presented by one of the board members. The lawyer shall be given an opportunity to be heard before the disciplinary proceedings are resolved.

In the case of a vote, disciplinary proceedings shall be conducted in accordance with the procedure laid down in the Rules of Procedure in criminal matters.

ARTICLE 49 (2 MARCH 1992)

The provisions of Article 40 above on the obligations of a lawyer to the government and on the confidentiality of a member of the Board of Directors and of the audit supplier shall apply to the Disciplinary Board.

Appeals appeal (2 MARCH 1992)
§ 50 (2 MARCH 1992)

In the case of an appeal, the decisions and decisions of the Disciplinary Board referred to in Article 10 of the Law on lawyers of the Union's Board of Directors shall be treated as laid down in the law. The statement of appeal shall be deemed to have been delivered to the Government when it has arrived at the Office's office.

ARTICLE 51 (2 MARCH 1992)

The decision to which the lawyer has the right to appeal shall be accompanied by an indication of the appeal and shall be provided with evidence.

The decision taken in the case of the disciplinary proceedings and the decision of the Board of Directors on the supervision of lawyers of the Union shall be notified without delay by means of a statement of minutes signed by the President and the Secretary,

(1) the lawyer;

(2) to the Attorney-General, except in the case of a decision by the Board of Directors to initiate disciplinary proceedings;

(3) Chapter 15 of the Court of Justice The court or tribunal referred to in Article 10a; and

4) to the complainant's own client, unless he has withdrawn his complaint.

The decision and the decision to be taken by the Board of Directors or the Disciplinary Board shall be communicated to the other parties other than those mentioned by the announcement of a matter relating to the supervision of lawyers or disciplinary proceedings.

Miscellieous provisions
Article 51a (11.4.1985)

The decision to remove the Member from the Union or the EU list as a disciplinary sanction from the list shall be brought to the attention of the members of the Union without delay after the decision has been taken. Information on such a decision must also be given to the general courts of the country. If the decision is to be repealed, it shall inform the members of the Union and the courts which have previously been informed of the expulsion decision. (6.7.2000/671)

The Government or the Disciplinary Board may order that a disciplinary decision, which is of fundamental importance or otherwise public interest, must be made publicly available. (2 MARCH 1992)

ARTICLE 52

The government and the lawyer are required to provide the Attorney General with the information and explanations necessary for the performance of the duties provided for by the Law on lawyers.

Article 52a (2 MARCH 1992)

The Disciplinary Board shall submit an annual report, in which, in addition to statistical information, a brief account shall be taken of the stages of the disciplinary matters of principle and the grounds for a solution. The report may include other information on disciplinary matters and their handling, as well as statistical information on government measures under the supervision of lawyers. (7.6.1994/443)

The report shall be submitted to the delegation annually and to the Ministry of Justice and the Attorney General by the end of May following the year of the report. The report shall be kept available to the public at the Office's office and shall be made public in a manner determined by the Disciplinary Board.

ARTICLE 53 (2 MARCH 1992)

Before taking the measures referred to in Articles 44 and 47 (2), the lawyer shall be given an opportunity to be heard.

ARTICLE 54 (11.4.1997)

Information to Members will be sent by mail to the register of lawyers. Communications may also be transmitted by fax or other electronic data transmission if the Member has indicated that he has the equipment necessary for the receipt of communications. However, information in the cases referred to in Articles 43 and 44 and Article 47 (2) shall be transmitted by registered letters or through a bailiff.

ARTICLE 55 (2 MARCH 1992)

At the meetings of the Board of Governors, the Board of Directors, the Disciplinary Board and the Association and their Governments, the minutes shall be maintained and signed by the two members elected for that purpose.

ARTICLE 56

The decision to amend these rules shall be taken by a majority of the votes at the meeting of the delegation, which shall be at least four fifths of the votes cast. The decision must be confirmed by the Ministry of Justice. (2 MARCH 1992)

The amendment of the rules will enter into force, unless the Ministry of Justice decides otherwise when the Ministerial Decision has been published in the Regulation.

ARTICLE 57 (2 MARCH 1992)

If the association ceases to operate, the delegation shall decide how the Union's resources should be used to promote the purposes set out in Article 2 above.

ARTICLE 58

These rules shall enter into force on 1 July 1959. However, a provisional application by the Ministry of Justice, written by the Ministry of Justice, which must be drawn up in accordance with Article 6 (1), and the application for a decision without paragraph 2, may already be applied by a provisional government ordered by the Ministry of Justice. , when the provisional government considers that it is in a position to accept the application on the basis of the facts in its file.

The first substantive meeting of the Union may be held at a time other than that provided for in Article 20 (2).

Entry into force and application of amending acts:

21.10.1961/502:
20,1978/1076:

This Decision shall enter into force on 1 January 1979.

11.4.1985/312:

This Decision shall enter into force on 1 January 1986.

Measures to implement this Decision may already be adopted before its entry into force.

2.3.1992/2031

This Decision shall enter into force on 1 April 1992.

Preparations for the implementation of changes to the Regulation can be taken when the Federal Assembly of the Finnish Bar Association has decided on changes.

The term of office of the complaining delegation may begin on a date other than that of 1 March and be longer or shorter than one year until the end of February.

7.6.1994/443:

This Decision shall enter into force on 15 June 1994.

11.4.1997/317:

This Decision shall enter into force on 15 April 1997.

For the purposes of calculating the six-year period referred to in Article 16 (1), account shall be taken of the period in which the person concerned has been a member of a delegation within the meaning of the amendment to the Statute since 1992. In the case of a delegation chosen after the entry into force of the rules, a valuation shall be carried out on the length of each member's term of office, one third of the members, two and a third for three years. The key value of the Helsinki Bar Association and the representatives of Turku and Häme compartments will be carried out by department.

6.7.2000/671:

This Decision shall enter into force on 12 July 2000.

For the purpose of calculating the three-year period referred to in Article 5 (5) of the Rules, account may be taken of the regular conduct of the law before the entry into force of the change in the rules in force in Finland.

A valuation shall be carried out among the members of the Board of Directors after the entry into force of the Regulation, which shall determine the length of the term of office of each member of the Board of Directors, with the President and two members three years, three members Two years and the remaining three members one year.

The Chairperson of the Disciplinary Board, the Vice-Chair and the members of the Disciplinary Board following the entry into force of the regulatory change shall be subject to a valuation which shall determine the length of the term of office of each member of the Disciplinary Board, in such a way as to: And two members, one of whom is an outside member of the Bar for three years, three members, one of whom is an outside member of the Bar, two years and the remaining three members, one year.