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About Lawyer Activity And Legal Profession In The Russian Federation

Original Language Title: Об адвокатской деятельности и адвокатуре в Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION IN THE RUSSIAN FEDERATION 26 April 2002 On 15 May 2002, the Federation Council of the Russian Federation . N 134-FZ; of 22.08.2004 N 122-FZ; of 20.12.2004 N 163-FZ; of 24.07.2007 N 214-FZ; dated 03.12.2007 N 320-FZ; of 23.07.2008 N 160-FZ; of 11.07.2011 N 200-FZ; of 21.11.2011 N 326-FZ; dated 02.07.2013. N 185-FZ; dated 13.07.2015. N 268-FZ) CHAPTER 1. GENERAL PROVISIONS Article 1. Lawyer activity 1. The legal assistance provided by persons who have obtained the status of a lawyer in accordance with the procedure established by this Federal Law, natural and legal persons (hereinafter referred to as the law) is professional legal assistance. (c) To protect their rights, freedoms and interests, and ensure access to justice. 2. The law firm is not an entrepreneurial activity. 3. The legal aid provided by: employees of legal services of legal entities (hereinafter-organizations) as well as employees of state and local authorities; participants and employees of legal services organizations, as well as individual entrepreneurs; notaries, patent attorneys, except when a lawyer acts as a patent attorney, by other persons authorized by law to the conduct of their professional activities. 4. This Federal Act does not apply to the organs or persons who exercise the force of law. Article 2. Lawyer 1. The lawyer is the person who has been granted the status of a lawyer in accordance with the procedure established by this Federal Act and the right to practise as a lawyer. Counsel is an independent legal adviser. A lawyer is not entitled to enter the labour relations as an employee, except for scientific, teaching and other creative activity, as well as to hold public office in the Russian Federation, State positions of subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION A lawyer has the right to combine lawywork with the work of a lawyer, as well as working in elected positions in the Chamber of the Subject of the Russian Federation (hereinafter referred to as "the lawyer"). The Federal Chamber of Lawyers of the Russian Federation (hereinafter referred to as the Federal Chamber of Lawyers), All-Russian and International Public Associations of Lawyers. (...) (...) N 163-FZ 2. By providing legal aid, counsel: 1) provides legal advice and guidance both orally and in writing; (2) makes statements, complaints, petitions and other legal documents; 3) represents the interests of the trustee in the constitutional process; 4) participates as a representative of the trustee in civil and administrative proceedings; 5) participates as a representative or Protector of the Attorney-General in Criminal Proceedings and Proceedings administrative offences; 6) participates as the representative of the client in the proceedings before the arbitral tribunal, international commercial arbitration (court) and other conflict resolution bodies; 7) represents The interests of the trustee in the public authorities, local authorities, public associations and other organizations; 8) represent the interests of the trustee in the organs of state power, courts and law enforcement agencies of foreign States, international judicial bodies, Non-State bodies of foreign States, if not otherwise established by the legislation of foreign States, by statutes of international judicial bodies and other international organizations or international treaties of the Russian Federation; 9) participates as a representative of the trustee in the executive, as well as in the execution of criminal punishment; 10) acts as the representative of the trustee in tax matters. 3. Counsel has the right to provide other legal assistance not prohibited by federal law. 4. Representatives of organizations, bodies of state power, local self-government bodies in civil and administrative proceedings, court proceedings on administrative offences may be made only by lawyers, except for lawyers. In cases where these functions are performed by employees in the state of these organizations, the State and local authorities, unless otherwise stipulated by federal law. 5. Lawyers of a foreign state can provide legal assistance in the territory of the Russian Federation in matters of the law of the foreign state. Lawyers of foreign states are not allowed to provide legal assistance in the territory of the Russian Federation on matters connected with the State secret of the Russian Federation. 6. Lawyers of foreign states that practise law in the territory of the Russian Federation are registered by the federal executive authority in the field of justice (hereinafter-the Federal Law Office) in a special register, order and order which is defined by the authorized federal executive authority. (In the wording of Federal Law of 23.07.2008 N 160-FZ) No registration in the register is prohibited by the lawyers of foreign States in the territory of the Russian Federation. Article 3. Bar and State 1. The bar is a professional community of lawyers and as an institution of civil society is not part of the system of state and local government bodies. 2. The bar operates on the basis of the principles of legality, independence, self-government, corporativeness and the principle of equal rights of lawyers. 3. In order to ensure the availability of legal aid and assistance to the public, the public authorities guarantee the independence of the legal profession, and provide funding for the activities of lawyers who provide legal assistance. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Each lawyer is guaranteed social security provided for by the Constitution of the Russian Federation. Article 4. Law on the lawyer's activity and bar 1. The law on the legal profession and the legal profession is based on the Constitution of the Russian Federation and consists of this Federal Act and other federal laws enacted in accordance with federal laws OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The code of professional conduct for lawyers established in accordance with the procedure provided for in this Federal Act lays down the rules of conduct for each lawyer, as well as grounds and order Lawyer's involvement. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ) Article 5. Use of terms used in this Federal Law Use in the names of organizations and public associations of the terms "advocacy", "bar", "attorney", "Lawyers ' Chamber", "legal education", "legal advice" or "phrases", which include these terms, are permitted only by lawyers and by organizations established in accordance with the procedure established by this Federal Act. (Article as amended by the Federal Act No. N 163-FZ CHAPTER 2. AND RESPONSIBILITIES OF THE ADVOKATE Article 6. Counsel's authority 1. The power of a lawyer who participates as a representative of a trustee in constitutional, civil and administrative proceedings, as well as a representative or counsel of the trustee in criminal proceedings and proceedings Administrative offences are governed by the relevant procedural legislation of the Russian Federation. 2. In cases provided for by federal law, a lawyer must have a warrant issued by a lawyer. The form of the warrant is approved by the Federal Law Office. In other cases, counsel shall represent the trustee on the basis of a power of attorney. No one has the right to require counsel and his client to make an agreement on the provision of legal aid (hereafter referred to as an agreement) for the lawyer to enter the case. 3. He has the right: 1) to collect the information necessary to provide legal aid, including requests for information, characteristics and other documents from the state authorities, local authorities, and associations and other organizations. The said organs and organizations, in accordance with the procedure established by law, are obliged to issue to the lawyer the documents requested by them or their certified copies not later than one month from the date of receipt of the lawyer's request; (In the wording of Federal Law dated 20.12.2004. N163-FZ (2) Intercanvize with their consent of persons allegedly possessing information relevant to a case in which a lawyer provides legal assistance; 3) to collect and present objects and documents that may be recognized as material and other evidence, in accordance with the procedure established by the legislation of the Russian Federation; 4) to recruit experts on a contractual basis to clarify issues relating to the provision of legal aid; 5) unhindered meeting with his client in private, in conditions that ensure confidentiality (including during detention), without limiting the number of visits and their duration; 6) to lock (including through technical means) information, in the case file, on which counsel provides legal assistance, while respecting the State and other secret protected by law; 7), perform other acts that are not contrary to the legislation of the Russian Federation. 4. Counsel does not have the right: 1) to receive from a person who has applied for legal aid, an assignment in the event that it is manifestly unlawful; 2) to receive from a person who has applied for it legal aid, assignment in cases where he: has an independent interest in the subject of an agreement with a client other than that of the person concerned; participated in the case as a judge, arbitrator or arbitrator, mediator, procurator, investigator, investigator, person conducting the initial inquiry, expert, specialist, interpreter, in the case of the victim or a witness, and also if he was the official responsible for the decision in favour of the person concerned; is a family or family relationship with the official who has taken or takes part in the investigation or examination of the person's case; provides legal aid to a client whose interests are contrary to the person's interests; 3) to take up the case against the will the power of attorney, except where counsel is convinced of the existence of a self-inimation Power of attorney; 4) to make public statements about the proof of guilt of the client, if he denies it; 5) to disclose the information communicated to him by the trustee in connection with the last legal aid, without the consent of the client; 6) to discard the accepted protection. 5. The unacknowledged cooperation of the lawyer with the investigative bodies is prohibited. Article 7. Counsel's duties 1. Counsel is obliged: 1) to defend the rights and legitimate interests of the trustee by all the means not prohibited by law of the Russian Federation; 2) to comply with the requirements of the law on compulsory participation. Lawyer as a defence lawyer in criminal proceedings for the appointment of investigative bodies, preliminary investigation bodies or the court, as well as providing legal assistance to Russian citizens free of charge in cases provided for by this Federal Law; (B Federal Law of 20.12.2004. N 163-FZ; of 24.07.2007 N 214-FZ) 3) continually improve its knowledge and skills; 4) comply with the code of professional ethics of the lawyer and execute the decisions of the bodies of the legal chamber of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION 20.12.2004 N163-FZ)5) to pay monthly remuneration to the general needs of the Bar Association in order and in the amount determined by the Bar Association's Bar Association (conference) of the relevant subject of the Russian Federation (hereafter referred to as a meeting (conference) of lawyers), as well as to contribute funds to the contents of the respective lawyer's office, the relevant bar association or the relevant bar office in the order and in the amount of lawyers ' education; (B) The wording of the Federal Law No. N163-FZ) 6) to make insurance of the risk of professional property responsibility.(Suspend the operation of article 7, paragraph 1, subparagraph 6, until the day of the entry into force of the federal law, governing compulsory insurance of professional liability of lawyers in the wording of the Federal Law of 03.12.2007. N 320-FZ) 2. A lawyer shall be liable for failure or improper performance of his or her professional duties as provided for by this Federal Law. Article 8. Law secrets 1. The legal secret is any information relating to legal counsel for the attorney of his or her client. 2. Counsel may not be summoned and questioned as a witness in the circumstances that he or she has been aware of in connection with his or her treatment of legal aid. 3. The conduct of search operations and investigative actions against a lawyer (including in the accommodation and office premises used for the exercise of the legal profession) is permitted only on the basis of a court decision. Information, objects and documents obtained during operational and investigative activities (including after the suspension or termination of counsel) may be used as evidence of the prosecution only in cases where they are not part of the attorney's attorney's case. These restrictions do not apply to the instruments of the crime or to objects which are prohibited or restricted in accordance with the law of the Russian Federation. CHAPTER 3. STATUS OF ADVOCATATE Article 9. Acquisition of lawyer status 1. The status of a lawyer in the Russian Federation has the right to acquire a person who has a higher legal education, a received state accreditation of an educational program, or a degree in legal education. Specialty. The person must also have worked in the legal profession for at least two years or to undergo an internship in a lawyer's education within the time limits set by this Federal Law. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) Persons whose legal education is the first degree of higher education, the length of service in the legal profession is not earlier than at the time of its receipt. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ) (In the wording of Federal Law No. N 185-FZ 2. It is not entitled to acquire the status of a lawyer and to exercise the legal profession of a person: (1) declared incompetent or of limited capacity, in accordance with the procedure established by the law of the Russian Federation; 2) having an uncleared or unconvicted criminal record for an intentional crime. 3. The decision to grant the status of a lawyer is taken by the Qualification Commission of the Chamber of Commerce of the constituent entity of the Russian Federation (hereinafter referred to as the Qualification Commission) after the surrender of the person applying for the acquisition of a lawyer's status (a) The qualification of "the" test ". (In the wording of Federal Law of 20.12.2004) N 163-FZ 4. In the legal profession required for the acquisition of a lawyer's status, work includes: 1) as a judge; 2) for the higher legal education of public office in the federal states The State authorities, the State authorities of the constituent entities of the Russian Federation and other State bodies; (3) requiring higher legal education before the adoption of the current Constitution THE RUSSIAN FEDERATION of the Russian Federation; 4) for higher legal education in municipal posts; 5) for higher legal education in the organs of the Judiciary OF THE PRESIDENT OF THE RUSSIAN FEDERATION research institutes; 8) as a teacher Legal disciplines in professional educational organizations, higher education institutions and scientific organizations; (In the wording of the Federal Law dated 02.07.2013 N 185-FZ) 9) as counsel; 10) as a lawyer; 11) as a notary. 5. The lawyer has the right to practise law throughout the territory of the Russian Federation without any additional permission. 6. Foreign citizens and stateless persons who have obtained the status of a lawyer in accordance with the procedure established by this Federal Act are allowed to practise as a lawyer throughout the territory of the Russian Federation, if not otherwise. is provided for by federal law. Article 10. Tolerance for Qualification exam 1. A person who meets the requirements of article 9, paragraphs 1 and 2 of this Federal Act, is entitled to apply to the qualifications commission of the legal chamber of the constituent entity of the Russian Federation with a request for the status of a lawyer. (In the wording of Federal Law No. N 163-FZ) 2. The applicant, in addition to the application, submits to the Qualification Commission a copy of the identity document, a questionnaire containing biographical information, a copy of the employment record or other document confirming the length of service of the legal entity. Speciality, a copy of the document confirming the higher legal education or the existence of a degree in the legal profession, as well as other documents in the cases provided for by the law on advocacy and the bar. The provision of false information may be the basis for refusing the eligibility of the applicant for the qualification examination. 3. The Qualification Commission shall, if necessary, arrange for two months to verify the validity of the documents and the information submitted by the applicant. At the same time, the qualification commission has the right to ask the relevant authorities to verify or confirm the validity of the documents and information. The authorities are obliged to inform the qualification commission of the results of the examination of documents and information or to confirm their authenticity no later than one month after receiving the request of the qualification commission. 4. Upon completion of the examination, the qualification commission shall decide on the eligibility of the applicant for the qualification examination. 5. The decision to refuse admission to a qualification examination may be made only on the grounds specified in this Federal Act. The decision to refuse admission to a qualifying examination may be appealed to the courts. Article 11. Qualification exam 1. The Regulations on the Procedure for the Qualification Examination and the Assessment of Candidates ' Knowledge, as well as the list of issues proposed to applicants, are drawn up and approved by the Council of the Federal Chamber of Lawyers. 2. The qualification examination consists of written answers to questions (testing) and oral interviews. 3. The applicant who has failed to pass the qualifying examination is allowed to repeat the procedure prescribed by this Federal Law no earlier than a year. (In the wording of Federal Law No. N 163-FZ) Article 12. Assignment of counsel 1. The Qualification Commission, within three months from the date of submission of the application for the status of a lawyer, shall decide whether or not to grant the applicant the status of a lawyer. The decision of the Qualification Commission to award the applicant the status of a lawyer shall enter into force on the day of the applicant's taking the oath of office. 2. The Qualification Commission may not refuse to grant the status of a lawyer to the applicant who has successfully passed the qualifying examination, except in the case of the examination of the obstacles to the qualification examination to the qualifying examination. In such cases, the decision not to grant the status of a lawyer could be appealed to the court. 3. The status of counsel is assigned to the applicant for an indefinite period and is not limited to the legal age of the lawyer. Article 13. A lawyer named 1. In accordance with the procedure established by the Chamber of Lawyers, the applicant who has successfully passed the qualifying examination shall take the oath of office as follows: " I solemnly swear to faithfully and conscientiously exercise the duties of a lawyer, to defend rights and freedoms The Constitution of the Russian Federation, the law and the Code of Professional Ethics of the Lawyer ". 2. From the day of taking the oath, the applicant shall be granted the status of a lawyer and shall become a member of the Chamber of Counsel. Article 14. Lawyers ' Registries 1. The territorial body of the federal executive authority in the field of justice (hereinafter referred to as the territorial jurisdiction) shall maintain a register of lawyers of the constituent entity of the Russian Federation (hereinafter referred to as the regional registry). 2. The territorial jurisdiction of the courts shall send a copy of the regional register to the Chambers of the Chamber of Justice no later than 1 February. The regional register of the territorial jurisdiction of the Russian Federation shall notify the Chamber of the Chamber of the Russian Federation concerned within 10 days from the date of the changes. 3. The conduct of regional registries shall be determined by the federal authority of the courts. Article 15. Introduction of counsel in regional registry 1. The assignment of a lawyer to a lawyer within seven days from the date of the decision is notified to the territorial jurisdiction, which shall, within one month from the date of receipt of the notification, provide information about the lawyer in the case. A regional register and issue a certificate to counsel. 2. The form of the certificate is approved by the Federal Law Office. The certificate shall indicate the family name, the name, the patronymic of the lawyer and the registration number in the regional register. The certificate should include a photograph of the lawyer, certified by the press of the territorial justice system. 3. The certificate is the only document confirming the status of lawyer, except as provided for in paragraph 5 of this article. (In the wording of Federal Law dated 20.12.2004. N 163-FZ) A person whose legal status is terminated or suspended, following a decision by the Council of the Chamber of Counsel, is required to pass his/her certificate to the territorial jurisdiction issued the certificate. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ 4. A lawyer may be a member of the Chamber of Lawyers of only one of the constituent entities of the Russian Federation. The lawyer is entitled to exercise his or her activities in only one of the legal entities established under this Federal Act. 5. Lawyer who decided to change the membership of a member of the Lawyers ' Chamber of the Russian Federation for membership in the lawyer's room of another subject of the Russian Federation, notifies the Council of the Lawyer's Council of this by registered letter OF THE PRESIDENT OF THE RUSSIAN FEDERATION About this counsel's decision notifies the territorial entity within 10 days from the date of receipt of the advice of counsel. In the event that a lawyer is in arrears, the advice of a lawyer is not to be given to the lawyer until the lawyer is fully discharged by the lawyer. The Territorial Justice Authority excludes the lawyer from the regional registry no later than one month from the date of receipt of the advice of the Board. In doing so, the lawyer is required to submit his certificate to the territorial jurisdiction. In exchange for the licence issued by the lawyer, the territorial authority of the court shall issue a document confirming the status of a lawyer to the lawyer. This document indicates the date on which counsel was entered into the regional registry and the date of exclusion of counsel from the regional registry. The lawyer is obliged to inform the Council of the Chamber of the subject of the Russian Federation, of which he intends to become a member, within one month from the date of the deletion of the information about him from the regional register. The Council of the Chamber of Lawyers of the relevant constituent entity of the Russian Federation shall, within one month from the date of receipt of the notification by counsel, verify the information on the lawyer and decide whether to admit him or her to the members of the Chamber of Lawyers. This decision shall be communicated to the territorial body of justice and to the lawyer within ten days from the date of the decision. The territorial jurisdiction of the court, within one month from the date of receipt of the notification from the Council, shall provide information about the lawyer to the regional registry and issue a new certificate to counsel. (...) (...) N 163-FZ 6. Lawyer from the day of misappropriation of counsel's status, or the inclusion of counsel in the regional registry following the change of his/her membership of the Chamber of Counsel, or the renewal of the status of counsel, is required to advise the Bar Council on their chosen form of lawyers ' education, within three months from the day of the occurrence of the said circumstances. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 7. Failure to submit a lawyer to a regional registry or to issue a certificate to a lawyer within the time limits set by this Federal Act may be appealed to the courts. 8. The procedure for changes in the membership of a member of the Bar Association of one constituent entity of the Russian Federation to membership in the Chamber of Lawyers of another constituent entity of the Russian Federation shall be determined by the Council of the Federal Chamber of Lawyers. (In the wording of Federal Law No. N 163-FZ) Article 16. Suspension of the status of counsel 1. The status of the lawyer is suspended on the following grounds: (In the wording of Federal Law of 20.12.2004) N 163-FZ) 1) the election of a lawyer to a public authority or a local government for a period of work on a permanent basis; (2) the inability of counsel to perform his or her professional career for more than six months responsibilities; (3) counsel's call for military service; 4) the recognition of the lawyer as absent in the manner prescribed by federal law. 2. In the event that a court decides to impose coercive measures of a medical nature, the court may consider the suspension of the lawyer's status. 3. Suspension of the status of a lawyer entails the suspension of the validity of this lawyer's guarantees under this Federal Act, with the exception of the guarantees provided for in article 18, paragraph 2, of this Federal Act. 3-1. A person whose status is suspended is not entitled to exercise his or her legal profession and to hold elected office in the organs of the Chamber of Lawyers or the Federal Chamber of Lawyers. Violation of the provisions of this paragraph shall entail the termination of the status of counsel. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ 4. The decision to suspend the status of counsel shall be taken by the Council of the Legal Chamber of the constituent entity of the Russian Federation, whose regional registry has been informed by counsel. 5. Upon termination of the grounds referred to in paragraphs 1 and 2 of this article, the status of a lawyer shall be renewed by decision of the council which decided to suspend the status of counsel, on the basis of a personal statement by the lawyer whose status was suspended. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 5-1. The decision of the lawyer's council to suspend the status of counsel or to refuse to renew the status of a lawyer may be appealed to the courts. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ) 6. The Council of the Lawyers ' Chamber, within the 10-day period from the day of its decision to suspend or renew the status of counsel, shall notify the territorial body of justice in writing to that effect. to the regional registryand also to a person whose legal status has been suspended or renewed, except in the case of suspension of the status of counsel pursuant to paragraph 1, subparagraph 4, of this article; and Attorney-at-law, in which the person has been a lawyer . (In the wording of Federal Law No. N 163-FZ) The Territorial Justice Authority, within 10 days of receipt of the notice, shall provide information on the suspension or resumption of the status of a lawyer in the regional register. Article 17. Cessation of counsel's status 1. The counsel's status is terminated by the Council of the Bar of the Russian Federation, the regional registry of which has been informed of counsel, on the following grounds: 1) the submission by counsel of an application for termination of counsel's status The Council of the Chamber of Advocates; (2) the entry into force of a court decision declaring a lawyer to be incompetent or of limited capacity; (3) the death of a lawyer or the court's decision to declare him dead; 4) the entry into force of a court decision on the recognition of counsel " (c) The determination of the circumstances referred to in article 9, paragraph 2, of this Federal Act; 2. The status of a lawyer may be terminated by a decision of the council of the lawyer's chamber of the Russian Federation, whose regional register has been informed about the lawyer, on the basis of the conclusion of the qualification board at: (1) default or improper performance by counsel of their professional duties to the attorney; 2) violation by counsel of the code of professional ethics of counsel; (3) failure or improper performance by counsel of the Chamber of Counsel within their competence; 4) to establish the lack of credibility of the information submitted to the Qualification Commission in accordance with the requirements of article 10, paragraph 2, of this Federal Law; 5) the absence of a lawyer within four months of the day of the circumstances referred to in article 15, paragraph 6, of this Federal Act, concerning the election of a lawyer in the form of lawyers ' education. 3. A person whose legal status is terminated is not entitled to exercise his or her legal profession, as well as to hold elected office in the organs of the Chamber of Lawyers or the Federal Chamber of Lawyers. A violation of the provisions of this paragraph shall be punishable under the federal law. 4. In accordance with paragraphs 1 and 2 of this article, the Council shall, within ten days from the date of its adoption, notify in writing the person whose legal status is terminated, except in the case of termination of the status of counsel on the ground, Paragraph 1 (3) of this article, the relevant legal profession, as well as the territorial body of justice, which makes the necessary changes to the regional register. 5. The decision of the council of the lawyer's chamber, taken on the grounds stipulated in paragraphs 1 and 2 of this article, may be appealed to the courts. 6. The territorial jurisdiction of the courts, which has information on the circumstances that are grounds for terminating the status of a lawyer, submits an idea of the termination of the lawyer's status to the Chamber of Lawyers. In the event that the counsel of the Chamber of Lawyers, within three months of the date of receipt of such a submission, has not considered it, the territorial authority is entitled to apply to the court for the termination of the lawyer's status. (Article as amended by the Federal Act No. N 163-FZ) Article 18. Guarantee the independence of counsel 1. Interference in the legal profession exercised in accordance with the law or the obstruction of such activities is prohibited in any way. 2. Counsel may not be held liable (including after the suspension or termination of a lawyer) for the opinion expressed by him in the exercise of the legal profession, unless the court has entered into legal force. will not establish the guilt of a lawyer in a criminal act (omission). These limitations do not apply to the civil liability of a lawyer to the attorney in accordance with this Federal Law. 3. Legal aid for lawyers, lawyers ' chambers or the Federal Chamber of Lawyers is not permitted. 4. Counsel, members of his family and their property are protected by the State. The internal affairs authorities are obliged to take the necessary measures to ensure the safety of the lawyer, the members of his family and the preservation of their property. 5. The criminal prosecution of a lawyer is conducted in accordance with the guarantees provided by the criminal procedure law. Article 19. Insurance of the risk of attorney's liability Counsel acts in accordance with federal law against the risk of his professional property liability for violation of the terms of the prisoner with the agreement Provision of legal aid. CHAPTER 4. ORGANIZATION OF THE WORK OF THE CONFERENCE OF THE Forms of lawyers ' education 1. Lawyers ' offices, bar associations, law offices and legal advice are forms of legal education. 2. Counsel has the right, in accordance with the present Federal Act, to independently choose the form of lawyer's education and the place of practice of the legal profession. The lawyer is obliged to inform the Council of the Chamber of Lawyers in accordance with the procedure established by this Federal Law. 3. In the cases provided for in article 24 of this Federal Act, counsel shall have legal counsel. Article 21. The law office 1. A lawyer who decides to practise as a lawyer shall establish a lawyer's office. 2. The lawyer's office is sent to the Council of the Chambers by registered letter, which provides information about the lawyer, the location of the lawyer's office, the order of the telephone, the telegraph, and the post office, and A different connection between the Council of the Chamber of Lawyers and a lawyer. 3. The law office is not a legal person. 4. The lawyer who established the lawyer's office opens accounts in banks in accordance with the law, has the stamp, stamps and forms with the address and name of the lawyer's office containing an instruction to the constituent entity of the Russian Federation in the territory The law firm has established a lawyer's office. 5. Legal aid agreements in the lawyer's office are concluded between a lawyer and a client and are registered in the documentation of the lawyer's office. 6. The lawyer is entitled to use, with the consent of his or her family members, the accommodation of his or her family's accommodation. 7. The accommodation occupied by a lawyer and members of his family under a contract of employment may be used by a lawyer to house the lawyer's office with the consent of the employer and all adults living with a lawyer. Article 22. The Bar Association 1. Two or more counsel may establish a bar association. 2. The Bar Association is a not-for-profit organization based on membership and acting on the basis of a charter approved by its founders (hereafter referred to as the charter) and the founding treaty they conclude. 3. The founders of the bar may be lawyers whose information has been entered in only one regional register. (In the wording of Federal Law of 20.12.2004) N 163-FZ 4. In the founding treaty, the founders determine the conditions for the transfer of the bar association of their property, the order of participation in its activities, the procedure and conditions for admission to the bar of new members, the rights and duties of the founders (members) of the board The lawyers, the order and the conditions for the founding of the founders (members) from its membership (including the existence or absence of an indivisible foundation and the direction of its use). (In the wording of Federal Law of 20.12.2004) N 163-FZ) 5. The Charter should contain the following information: 1) the name of the bar association; 2) the location of the bar association; 3) the object and purpose of the bar association; 4) the sources of education The property of the bar association and the direction of its use; 5) the management of the bar association; (6) information on branches of the Bar Association; (7) the procedure for the reorganization and liquidation of the Bar Association; 8) the procedure for making changes and additions to the constitution; (9) Other provisions not inconsistent with this Federal Act and other federal laws. 6. The requirements of the constituent treaty and the statute are binding on the Bar Association itself and its founders (members). 7. The establishment, reorganization or liquidation of the Bar Association of its founders shall be sent by registered registered letter to the Council of the Chambers of Counsel. The notification of the institution or the reorganization of the bar should include information on lawyers in the bar association, on the place of the bar association, on the procedure for the telephone, Telegraph, postage and other communication between the Council of the Bar Association and the Bar Association. The notification must be accompanied by notarized copies of the constituent treaty and of the charter. (In the wording of Federal Law No. N 163-FZ) 8. The Bar Association is considered to be established from the time of its State registration. State registration of the bar association, as well as an entry into a single public register of legal entities of the termination of its activities shall be carried out in accordance with the procedure established by the federal law on the State registration of legal entities. persons. 9. The Bar Association is a legal entity, has an independent balance, opens accounts in banks in accordance with the laws of the Russian Federation, has the stamp, stamps and forms with the address and name of the bar containing the instructions on the territory of which the Bar Association has been established. 10. The Bar Association has the right to establish branches throughout the territory of the Russian Federation, as well as in the territory of a foreign State, if it is provided for in the legislation of a foreign State. About the establishment or closure of a branch of the Bar Council sends a registered notice to the Council of the Bar of the Russian Federation, in whose territory the Bar Association has been established, as well as to the Council OF THE PRESIDENT OF THE RUSSIAN FEDERATION The notification of the establishment of a branch office of the bar should include information on the lawyers in the branch of the bar association, the location of the bar association and its branch office, and the procedure for the implementation of the telephone, A telephone, postal and other communication between the Council of the Bar Association and the Bar Association, its branch. The notice must be accompanied by notarized copies of the decision to establish a branch of the bar association and the branch office. Lawyers practising at the branch of the bar association are members of the bar association that created the branch. Information on lawyers working in the branch of the bar is entered into the regional register of the constituent entity of the Russian Federation. Information on lawyers who advocate at the branch of the bar association established on the territory of a foreign state shall be entered into the regional register of the constituent entity of the Russian Federation on whose territory it is established. Collegium of lawyers. (...) (...) N 163-FZ 11. Property made by the founders of the bar as deposits belongs to it. 12. Members of the bar do not meet the obligations of the bar, and the bar does not meet the obligations of its members. 13. The Bar Association, in accordance with the legislation of the Russian Federation, is the tax agent of the lawyers who are members of the lawyers, on the income they received in connection with the exercise of the legal profession, as well as their representative for the calculation of the the trusteers and third parties and other matters stipulated by the founding documents of the bar association. The Bar Association is required to notify the Chamber of Lawyers of the changes in the composition of the Bar's Bar Association. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ) 14. The Bar Association is responsible under the laws of the Russian Federation for failure or improper performance of the duties of the tax agent or representative. 15. Legal aid agreements at the bar association are concluded between counsel and a client and are registered in the documentation of the bar association. 16. Nothing in the provisions of this article may be regarded as a restriction of the independence of a lawyer in the exercise of his or her authorization, as well as his personal professional responsibility to the latter. 17. The Bar Association may not be converted into a commercial organization or any other non-profit organization, except in cases of conversion of the bar association to a law office in accordance with article 23 of this Federal Act. of the law. 18. In relation to relations arising from the establishment, activities and liquidation of the bar association, the rules laid down for non-profit partnerships by the Federal Law on Non-Profit Organizations are applicable, if these rules do not contradict to the provisions of this Federal Act. Article 23. The law firm 1. Two or more lawyers are entitled to establish a lawyer's office. 2. The rules of article 22 of this Federal Act apply to the relations arising from the establishment and activities of a lawyer's office, unless otherwise provided for in this article. 3. Lawyers who established a law firm conclude a partnership contract in a simple written form. Under a partnership contract, partner lawyers undertake to join their efforts to provide legal assistance on behalf of all partners. A partnership contract is not provided for the State registration of a lawyer's office. (In the wording of federal laws of 20.12.2004, N 163-FZ; of 11.07.2011 N 200-FZ 4. The partnership contract specifies: 1) the duration of the partnership contract; 2) the order of the partners to make decisions; 3) how the managing partner is elected and its competence; 4) other significant conditions. 5. The general cases of the lawyer's office are managed by a managing partner, unless otherwise established by a partnership agreement. The legal aid agreement with the client is concluded by the managing partner or other partner on behalf of all partners on the basis of the powers of attorney issued by them. The powers of attorney include all the limitations on the competence of the partner of the agreement and the transactions with the trusteers and third parties. These restrictions are communicated to the trusteers and to third parties. 6. The partnership contract is terminated on the following grounds: 1) the expiry of the partnership contract; (2) termination or suspension of the status of a partner, if not a partner contract provides for the retention of the contract between the other partners; 3) the termination of the partnership contract upon the request of one of the partners, unless the partnership treaty provides for the preservation of the treaty between the other partners. 7. Since the end of the partnership agreement, the parties have been jointly and severally liable for the unfulfilled general obligations of trusteers and third parties. 8. When leaving the partnership contract, one of the partners is obliged to hand over to the managing partner in all cases where legal aid has been provided. 9. A lawyer who came out of the partnership agreement is accountable to the trusteers and third parties on the general obligations that arose during his or her participation in the partnership contract. 10. Nothing in the provisions of this article may be regarded as a restriction of the independence of a lawyer in the exercise of his or her authorization, as well as his personal professional responsibility to the latter. 11. The Bar Association may not be converted into a commercial organization or any other non-profit organization, except in the case of the conversion of a lawyer's office to a bar association. 12. After the end of the partnership contract, the lawyers may conclude a new partnership contract. If the new partnership contract is not concluded within one month after the termination of the previous partnership contract, the law firm shall be converted to a bar association or liquidation. (In the wording of Federal Law of 20.12.2004) N 163-FZ) From the time of the termination of the partnership contract until the bar association was converted to a bar association or the conclusion of a new partnership contract, lawyers are not entitled to conclude legal agreements Help. Article 24. Legal advice 1. In the case of a single judicial district, the total number of lawyers in all legal entities located in the area of the judicial district is less than two per federal judge, the Chamber of Lawyers The executive branch of the relevant constituent entity of the Russian Federation shall establish a legal consultation. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 2. Legal advice is a non-profit organization. The issues of the establishment, reorganization, transformation, liquidation and activities of legal advice are regulated by the Civil Code of the Russian Federation, the Federal Law on Non-Profit Organizations and this Federal Law. (In the wording of Federal Law No. N268-FZ) 3. The representation of the executive branch of the constituent entity of the Russian Federation on the establishment of a legal consultation should include: 1) on the judicial area in which legal advice is required; (2) on the number of judges in the judicial district; (3) the number of lawyers required in the area; 4) on the logistical and financial support for legal advice, including on the Legal Advice provided on the premises, of the organization and technical means of the legal advice, as well as on the sources of funding and the amount of funds allocated for the remuneration of lawyers sent to work in legal advice. (...) (...) N 163-FZ) 4. After agreement with the executive authority of the constituent entity of the Russian Federation, the conditions set out in paragraph 3 (4) of this article shall be decided by the Council of the Legal Chamber on the establishment of a legal consultation, The legal advice is provided by the registered lawyers to the executive branch of the constituent entity of the Russian Federation. (In the wording of Federal Law No. N 163-FZ) 5. The Council of the Chambers ' Council approves the procedure under which lawyers are assigned to work in legal clinics. At the same time, the council of the lawyer's chamber may provide for payment to lawyers who perform professional activities in legal consultations and additional remuneration with the funds of the lawyer's chamber. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ) Article 25. Legal Assistance Agreement 1. The law is based on an agreement between a lawyer and a client. 2. The Agreement is a civil law contract concluded in simple written form between the attorney and the lawyer (s), for the provision of legal aid to the trustee or to the person appointed by him. (Spconsumed by Federal Law of 20.12.2004) N 163-FZ) (Unused-Federal Law of 20.12.2004 N 163-FZ) The issues of termination of the legal aid agreement are regulated by the Civil Code of the Russian Federation with the exceptions provided for by this Federal Law. 3. The lawyer, regardless of the regional register, is entitled to enter into an agreement with the client, regardless of the place of residence or location of the latter. 4. The essential terms of the agreement are: (1) an indication of counsel (s) who accepted the assignment as a solicitor (attorneys), as well as on his/her affiliation with counsel and bar the division; 2) the subject of instruction; 3) the terms and extent of the payment by the trustee for the legal aid provided, or an indication that legal aid is provided to the client free of charge Free legal aid in the Russian Federation Federation "; (In the wording of Federal Law No. N 326-FZ ) 4) the order and amount of compensation for defence counsel (lawyers) associated with the execution of the assignment, except where legal aid is provided to the client free of charge in accordance with Federal Law on Free Legal Assistance in the Russian Federation; (In the wording of Federal Law of 21 November 2011). N 326-FZ ) 5) the size and nature of the responsibility of the lawyer (s) who accepted the assignment. 5. The right of a lawyer to be paid and to compensate for the costs of executing an assignment cannot be assigned to third parties without the special consent of the client. 6. Remuneration paid to counsel by the attorney, and (or) compensating the attorney for the expenses related to the execution of an assignment, shall be subject to the obligatory submission to the office of the appropriate lawyer or to the settlement account. as well as the time limits laid down by the agreement. 7. The lawyer performs professional expenses on: (Federal Act from 20.12.2004 N 163-FZ) 1) the general needs of the Chamber of Advocates in size and order, which are determined by the meeting (conference) of lawyers; 2) the content of the lawyer's education; (3) insurance Professional responsibility; 4) other costs associated with the exercise of legal profession. 8. The work of a lawyer who participates as a defence lawyer in criminal proceedings for the appointment of bodies of inquiry, preliminary investigation or court is paid from the federal budget. Expenditures for these purposes are taken into account in the Federal Act on the federal budget for the next year in the corresponding target object of expenditure. (In the wording of Federal Law of 24.07.2007) N 214-FZ) Size and Remuneration of a Lawyer participating as a Defence Counsel in criminal proceedings for the appointment of investigative bodies, preliminary investigation bodies, the prosecutor or the court, shall be established by the Government of the Russian Federation. The paragraph is supplemented by the Federal Law of 22.08.2004. N 122-F) 9. Logistical and financial support for legal aid in hard-to-reach and sparsely populated areas is an obligation of the constituent entity of the Russian Federation. (The second paragraph of the second expired paragraph is the Federal Law { \cs6\f1\cf6\lang1024 } 21.11.2011 } . N 326-FZ) (Paragraph as amended by the Federal Act of 22.08.2004) N 122-FZ) 10. The amount of additional remuneration paid to a lawyer by a lawyer who participates as a defence counsel in criminal proceedings for the appointment of investigative bodies, preliminary investigation bodies or courts, or as a defence counsel. A representative in civil proceedings for the appointment of a court and a lawyer providing legal aid to citizens of the Russian Federation free of charge in accordance with the Federal Law on Free Legal Assistance in the Russian Federation, and the procedure Payment of such additional remuneration shall be established The Council of the Chamber of Counsel. (...) (...) N 326-FZ) Article 26. Provision of legal aid to citizens Russian Federation free 1. The lawyers provide legal assistance to citizens of the Russian Federation free of charge in accordance with the Federal Law "On free legal aid in the Russian Federation". 2. The remuneration of lawyers providing legal aid to the citizens of the Russian Federation free of charge under the State free legal aid system and reimbursement of their expenses is the expense of the subject of the Russian Federation Federation. (Article as amended by Federal Law No. N 326-FZ) Article 27. Assistant lawyer 1. Counsel has the right to have assistants. Legal assistants may be persons with higher, incomplete higher or secondary legal education, with the exception of those referred to in article 9, paragraph 2, of this Federal Act. 2. The Assistant Advocate is not allowed to practise as a lawyer. 3. The assistant's attorney is obliged to keep attorclient privilege. 4. The assistant lawyer is accepted for work on the terms of an employment contract entered into with a lawyer's education, and in the event that a lawyer carries out his activities in a lawyer's office, with a lawyer who is against the person Employers. Advoke education has the right to conclude a fixed-term employment contract with a person who provides for the activities of one counsel while the latter is exercising his or her professional activities in the legal profession. (In the wording of Federal Law No. N 163-FZ) 5. The social insurance of the assistant lawyer is provided by the legal profession, in which the assistant works, and in the event that the lawyer carries out his activities in the lawyer's office, the lawyer in the law office of which the assistant works. Article 28. Lawyer's lawyer 1. A lawyer with at least five years ' experience has the right to have interns. Interns of a lawyer may be persons with higher legal education, with the exception of those referred to in article 9, paragraph 2, of this Federal Act. The internship period is from one to two years. 2. The lawyer of the lawyer carries out his activities under the direction of the lawyer, carrying out his separate instructions. A lawyer is not entitled to exercise his or her own legal profession. 3. Lawyer's intern has to keep attorclient privilege. 4. The lawyer is assigned to work on the terms of an employment contract entered into with a lawyer's education, and in the event that a lawyer is engaged in a lawyer's office, with a lawyer who is against the person Employers. 5. The social insurance of the trainee lawyer is provided by the legal profession in which the trainee is employed and, in the case of a lawyer, who is a lawyer in the lawyer's office of which he is a lawyer. Article 29. Court Chamber of the Subject of the Russian Federation 1. The Chamber of Advocates is a non-governmental, not-for-profit organization based on the mandatory membership of lawyers of one constituent entity of the Russian Federation. 2. The chambers of the bar act on the basis of general provisions for the organizations of this kind provided for in this Federal Act. 3. The Chamber of Advocates has its own name, which contains an indication of its organizational and legal form and the constituent entity of the Russian Federation in whose territory it is formed. 4. The Chamber of Advocates is established to provide qualified legal assistance, its accessibility to the population throughout the territory of the Russian Federation and the organization of legal assistance provided to the citizens of the Russian Federation. Free, representative representation and protection of the interests of lawyers in the bodies of State power, local authorities, voluntary associations and other organizations, supervision of the training of persons admitted to the exercise advocacy and compliance by counsel for the Code The professional ethic of counsel. 5. The Bar Association is a constituent assembly (conference) of lawyers. The Bar Association is a legal entity, has an independent balance, opens a settlement and other accounts in banks in accordance with the laws of the Russian Federation, and also has the stamp, stamps and forms with its name, of the Russian Federation on the territory of which it was established. 6. Lawyers did not meet the obligations of the lawyer's chamber, and the Chamber of Advocates did not meet the obligations of lawyers. 7. The Bar Association is subject to State registration, which is exercised on the basis of the decision of the constituent assembly (conference) of the lawyers and in accordance with the procedure established by the federal law on State registration of legal persons. 7-1. The Bar Association is not subject to reorganization. The liquidation of the legal chamber of the constituent entity of the Russian Federation may be carried out on the basis of the federal constitutional law on the formation of a new entity within the Russian Federation in the manner established by the federal law. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ) 8. Only one law chamber may be established in the territory of the constituent entity of the Russian Federation, which is not entitled to form its structural units, branches and representative offices in the territories of other constituent entities of the Russian Federation. Formation of interregional and other inter-territorial lawyers ' chambers is not permitted. 9. The decisions of the Chamber of Counsel within their competence are binding on all members of the Chamber of Lawyers. 10. The Chamber of Advocates is not entitled to exercise his or her legal profession on his behalf or to engage in business activities. Article 30. Meeting (conference) of lawyers 1. The highest authority of the Bar Association of the Russian Federation is a meeting of lawyers. In the event that the number of lawyers ' chambers exceeds 300, the highest authority of the Bar is a conference of lawyers. The meeting of lawyers is convened at least once a year. A conference of lawyers is considered to be entitled if at least two thirds of the members of the Bar Association (conference delegates) participate in its work. 2. The Assembly of the Russian Federation, including the election of new members of the Council, and the termination of the council's powers, are the competence of the meeting (s) of the lawyers. 1) under the procedure for the renewal (rotation) of the board provided for in article 31, paragraph 2, of the present Federal Act, decisions on the early termination of the powers of the members of the Council, as well as the approval of the Council's decisions on the early termination of the powers of the members of the board whose lawyer was Discontinued or suspended; (2) election of the members of the Audit Commission and election of the members of the Qualification Commission from the number of lawyers; (3) election of a representative or representatives to the All-Russian Congress of Lawyers (hereinafter also- 4) Determination of the amount of mandatory counsel contributions to the general needs of the lawyer's chamber; 5) approving the cost estimates for the Bar Association; 6) approving the report of the Audit Commission the results of the audit of the financial and economic activities of the Chambers; 7) approving the board reports, including the execution of the costs of the lawyer's chamber; 8) the adoption of the rules of the meeting (conference) of lawyers; 9) definition of the location advice; 10) establishing trust funds of the lawyer's chamber; 11) establishing measures to encourage and prosecute lawyers in accordance with the lawyer's code of professional ethics; 12) to make other decisions in in accordance with this Federal Act. (...) (...) N 163-FZ 3. The decisions of a meeting (conference) of lawyers are taken by a simple majority of the lawyers participating in the meeting (conference delegates). Article 31. The Bar Council 1. The Council of the Chamber of Lawyers is a collegially executive body of the Chamber of Lawyers. 2. The Council is elected by secret ballot by secret ballot by a meeting (conference) of not more than 15 members of the Chamber of Advocates and shall be subject to renewal (rotation) once every two years by one third. However, the provisions of article 41, paragraph 6, of this Federal Act shall not apply. On the next rotation, the President of the Chamber of Lawyers submits to the council the candidates for attrition, as well as the names of lawyers to fill the vacant positions of members of the Bar Council. Following the approval by the Council of the Chamber of Counsel, the nominations submitted by the President are submitted to the meeting (s) of the lawyers for approval. In the event that a meeting (conference) of lawyers does not approve the submitted candidates, the President of the Chamber of Advocates submits new candidates for the approval of the meeting (s) only after consideration and approval The council of the lawyer's room. (...) (...) N 163-FZ) 3. The Bar Council: 1) elects the president of the Chamber of Advocates for a term of four years, and on his representation of one or more Vice-Presidents for a term of two years, defines the powers President and Vice-Presidents. At the same time, the same person cannot hold the office of president of the legal chamber for more than two consecutive terms; (2), between meetings (conferences) of lawyers, decides on early termination of the powers of the members of the council, status suspended or terminated. These decisions are submitted for the approval of the next meeting (s) of lawyers; 3) determines the rule of representation at the conference and the procedure for electing delegates; 4) ensures that legal aid is available for all OF THE PRESIDENT OF THE RUSSIAN FEDERATION To this end, the Council shall decide on the establishment of a legal advisory body upon the submission of the executive branch of the Russian Federation and send lawyers to work in legal advice in accordance with the procedure established by the Council The Chamber of Advocates; 5) establishes the procedure for the provision of legal aid by lawyers participating as defence lawyers in criminal proceedings for the appointment of bodies of inquiry, pre-trial investigation bodies or the courts; this is the case procedures to the attention of these bodies, lawyers and supervises its execution In the wording of the Federal Law No. N 214-FZ) 6) specifies the amount of additional remuneration paid by the lawyer's chamber to a lawyer who provides legal aid to Russian citizens free of charge in the public system free legal assistance and (or) participating as defence counsel in criminal proceedings for the appointment of investigative bodies, preliminary investigation bodies or courts or as a representative in civil proceedings for appointment The law and order of the court, and the procedure for the payment of such additional remuneration; Federal Act No. N 326-FZ ) 7) represents the Bar of the State, local authorities, voluntary associations and other organizations; 8) promotes the professional level of lawyers, This number approves programmes for the improvement of the qualifications of lawyers and the training of trainee lawyers, provides professional training on these programmes; 9) examines complaints against lawyers ' actions (inaction) on the basis of opinion the qualification board; 10) protects social and Professional rights of lawyers; 11) promotes the provision of lawyers ' offices; 12) organizes information support for lawyers, as well as exchanges of experience between them; 13) " Implementing methodical activities; 14) convenes at least once a year of a meeting (conference) of lawyers, forms their agenda; 15) manages the property of the Chamber of Advocates in accordance with the estimates and with Appointment of property; 16) approves the Regulations of the Board and the Audit of the Commission, the staffing of the office of the Chamber of Advocates; 17) determines the remuneration of the President and Vice-Presidents, other members of the Council of the Bar and members of the Audit and Qualification Commission within the limits of the approved The lawyers 'meeting (conference) of the budget for the contents of the Chamber of Advocates; 18) maintains the register of lawyers' formations and their branches in the territory of the respective constituent entity of the Russian Federation; 19) gives within its own the competence to request counsel for any clarification of the possible The conduct of legal counsel in a complex situation concerning compliance with ethical standards, on the basis of a code of professional ethics for counsel. (...) (...) N 163-FZ 4. In the event that the Council of the Bar has failed to comply with the requirements of this Federal Act, the powers of the council may be terminated early at a meeting (conference) of lawyers. An extraordinary meeting (conference) of lawyers is convened by the council at the request of at least half of the members of the Chamber of Advocates, at the request of the territorial body of justice or by a decision of the Council of the Federal Chamber of Lawyers. class="ed"> (In the Federal Law of 20.12.2004) N 163-FZ) In case of systematic failure by the Council of the Chambers of the Chambers of the Federal Chamber of Advocations to comply within the limits of the competence of these bodies, including in case of failure to pay mandatory The Federal Chamber of Advocates has been summoned by the Federal Chamber of Lawyers to convene an extraordinary meeting (conference) for more than six months for the general needs of the Federal Chamber of Lawyers. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ)In a decision of the board of the Federal Chamber of Lawyers, the reasons for convening an extraordinary meeting (conference) of lawyers, the time and place of the meeting (conference) of lawyers, the norm Representation and election of delegates to the conference. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ 5. Meetings of the Council are convened by the President of the Chamber of Lawyers, as required, but at least once a month. The meeting shall be considered valid if at least two thirds of the members of the board are present. 6. Decisions of the Council shall be made by a simple majority of the members of the board participating in its meeting and shall be binding on all members of the Chamber of Counsel. 7. The President of the Chamber presents the Chamber of Advocates with the public authorities, local authorities, voluntary associations and other organizations, as well as with individuals, acting on behalf of the lawyers The Chambers shall, without power of attorney, grant power of attorney and conclude transactions on behalf of the Chamber of Counsel, administer the property of the Chamber of Counsel pursuant to the decision of the Council in accordance with the estimates and with the appointment of the property, shall carry out the work and dismissal from The work of the staff of the office of the Chamber of Advocates, convenes council meetings, ensures the execution of the decisions of the board and the decisions of the assembly (conference) of the lawyers. The President of the Chamber of the Chambers shall institute disciplinary proceedings against a lawyer or a lawyer, subject to the permissible grounds and in the manner prescribed by the code of professional ethics of counsel. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ) 8. The President and Vice-Presidents, as well as other members of the council, may combine the work of the council of the Bar with a lawyer's work, while being remunerated for work on the board in the size decided by the bar council Chambers. (In the wording of Federal Law of 20.12.2004 N 163-FZ) 9. The Council of Lawyers has no right to practise as a lawyer in his or her own name, as well as to engage in business activities. Article 32. The Audit Commission 1. In order to exercise control over the financial and economic activities of the Chamber of Lawyers and its organs, an audit commission is elected from among the lawyers, information about which has been entered into the regional register of the relevant subject of the Russian Federation. 2. The audit commission reports to a meeting (conference) of lawyers on the outcome of its activities. 3. The members of the audit commission can combine the work of the audit commission with the legal profession, receiving remuneration for the work of the audit commission in the amount determined by the Board of Counsel. class="ed"> The members of the audit commission are not eligible to hold any other elected office in the Chamber of Advocations. (In the wording of Federal Law No. N 163-FZ) Article 33. Qualification Commission 1. The Qualification Commission is set up to take examinations for applicants for the status of a lawyer, as well as for the examination of complaints against the actions (inaction) of lawyers. 2. The Qualification Commission is formed for a period of two years in the number of 13 members of the commission on the following rules of representation: 1) from the Bar Chamber-seven lawyers, including the President of the Chamber of the Actor of the Russian Federation. At the same time, the lawyer-member of the commission should have at least five years ' experience as a lawyer; (in the wording of Federal Law of 20.12.2004). N 163-FZ ) 2) from the territorial jurisdiction-two representatives; 3) from the legislative (representative) body of the State authority of the constituent entity of the Russian Federation-two representatives. Representatives may not be deputies, State or municipal employees. The procedure for electing these representatives and the requirements for them shall be determined by the laws of the constituent entities of the Russian Federation; 4) from the Supreme Court of the Republic, the Regional Court, the Regional Court, the Court of Federal Law, the court of the Autonomous District and the courts of the autonomous region-one judge; 5) from the arbitral tribunal of the constituent entity of the Russian Federation-one judge. 3. The President of the Qualification Commission is the President of the Chamber of Lawyers. 4. The Qualification Commission shall be deemed to be formed and shall have the authority to make decisions, provided that it is not less than two thirds of the members of the qualification commission provided for in this paragraph. 5. The meetings of the qualification commission shall be convened by the chairman of the qualification commission, as necessary, but not less than four times a year. The meeting shall be considered to be entitled if at least two thirds of the members of the qualification commission are present. Decisions taken by the Qualification Commission are issued by a protocol signed by the President and the Secretary. In the event that a member of the Qualification Commission has a dissenting opinion from a decision taken by a majority of the members of the qualification board present at the meeting, the opinion shall be submitted in writing and is attached to the record of the meeting. (The paragraph is supplemented by the Federal Law of 20 December 2004. N 163-FZ) 6. Decisions of the Qualification Commission on the admission of persons qualifying for the status of counsel shall be taken by a simple majority of the members of the qualification commission participating in its meeting by voting The names of the ballots. The form of the bulletin is approved by the Council of the Federal Chamber of Lawyers. Ballot papers, written answers to questions (testing) are attached to the meeting of the Qualification Commission, and are stored in the documentation of the Chamber of Lawyers as a strict accountability form for three years. The decision of the Qualification Commission shall be announced immediately after the vote. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 7. The Qualification Commission on the outcome of the complaint shall give an opinion on the existence or absence of a lawyer of violation of the code of professional ethics of counsel, the failure to perform or the improper performance of his or her actions by counsel. responsibilities. The conclusion of the qualification commission shall be taken by a simple majority of the members of the qualification commission participating in its meeting by ballot papers. The form of the bulletin is approved by the Council of the Federal Chamber of Lawyers. The lawyer and the person who filed the complaint against the actions (inaction) of the lawyer are entitled to an objective and fair examination of the complaint. These persons are entitled to appeal to a lawyer of their choice. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 8. Lawyers-members of the qualification commission may combine the work in the qualification commission with a lawyer's activity, receiving remuneration for work in the qualification board in the amount determined by the lawyer's board Chambers. (In the wording of Federal Law of 20.12.2004 N 163-FZ) Article 34. The property of the lawyer's room 1. The property of the Chamber of Advocates is based on contributions made by lawyers to the general needs of the Chamber of Advocates, grants and charitable donations (donations) from legal entities and individuals in accordance with the procedure established by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Bar Association is the owner of the property. 2. The costs of the general needs of the Chamber of Lawyers include the costs of remuneration of lawyers working in the organs of the Chamber of Counsel, the compensation of these lawyers for the costs of their work in these bodies, the costs of the employees ' salaries The office of the lawyer's chamber, the material support of the activities of the lawyer's chamber, and on the decision of the Council of the Chambers -the expenses of for the payment of additional remuneration of lawyers providing OF THE PRESIDENT OF THE RUSSIAN FEDERATION Costs provided by the Chamber of Lawyers. In the wording of Federal Law of 20.12.2004 N 163-FZ; dated 21.11.2011. N 326-FZ) Article 35. The Federal Chamber of Lawyers of the Russian Federation 1. The Federal Chamber of Advocates of the Russian Federation is a All-Russian non-governmental non-profit organization that brings together the chambers of the Russian Federation's legal chamber on the basis of compulsory membership. (In the wording of Federal Law No. N 163-FZ) 2. The Federal Chamber of Advocates, as a body of legal representation in the Russian Federation, is established for the purpose of representation and protection of the interests of lawyers in the bodies of state power, local self-government bodies, coordination of activities Chambers of the Chambers of the Chamber of Legal Affairs, ensuring the high level of legal aid provided by lawyers. The Federal Chamber of Lawyers is an organization mandated to represent the interests of lawyers and chambers of the constituent entities of the Russian Federation in relations with the federal public authorities Decisions on matters affecting the interests of the legal community, including those related to the allocation of federal funds for the remuneration of lawyers involved in criminal proceedings as defence counsels for the appointment of organs The investigation, the preliminary investigation or the court. (Paragraph is amended by the Federal Act of 20 December 2004. N 163-FZ; changes in the wording of Federal Law of 24.07.2007 N 214-FZ) 3. The Federal Chamber of Advocates is a legal entity, has an estimate, and other bank accounts in accordance with the laws of the Russian Federation, the stamp, stamps and forms with its name. 4. The Federal Chamber of Lawyers is formed by the All-Russian Congress of Lawyers. The education of other organizations and bodies with functions and powers similar to those of the Federal Chamber of Lawyers is not permitted. 5. The Statute of the Federal Chamber of Lawyers is adopted by the All-Russian Congress of Lawyers. 6. The Federal Chamber of Lawyers is subject to State registration in accordance with the procedure established by the Federal Law on the State Registration of Legal Persons. 6-1. The Federal Chamber of Advocates is not subject to reorganization. The liquidation of the Federal Chamber of Lawyers could only be carried out on the basis of a federal law. (The paragraph is amended by the Federal Law of 20 December 2004. N 163-FZ) 7. Decisions of the Federal Chamber of Lawyers and its organs, adopted within their competence, are binding on all lawyers ' chambers and lawyers. Article 36. All-Russian Congress of Lawyers 1. The Supreme Body of the Federal Chamber of Lawyers is the All-Russian Congress of Advocates. The Congress shall be convened at least once every two years. The Congress is considered to be entitled if representatives of at least two thirds of the legal chambers of the constituent entities of the Russian Federation are present. The chambers of the Bar have equal rights and equal representation in the Congress. Each Chamber of Counsel, regardless of the number of its representatives, shall have one vote in the decision-making process. 2. The All-Russian Congress of Advocates: 1) accepts the charter of the Federal Chamber of Lawyers and approves amendments and additions to it; 2) adopts a code of professional ethics for counsel, approves amendments to it, and supplements; 3) forms the composition of the Council of the Federal Chamber of Lawyers, including electing new members and terminating the powers of the board members to be replaced, in accordance with the procedure for the renewal (rotation) of the board provided for by the paragraph Article 37, paragraph 2, of this Federal Act, makes decisions on early retirement. the termination of the powers of the members of the board, and also approves the decision of the board to terminate the powers of the members of the board whose legal counsel has been terminated or suspended; 4) determines the amount of the counsel's fees for the general public The needs of the Federal Chamber of Lawyers, based on the number of lawyers ' chambers; 5) approve the cost estimates for the Federal Chamber of Advocates; 6) approves the reports of the Council of the Federal Chamber of Lawyers, including the The execution of the cost estimates for the Federal Chamber of Lawyers; 7) elects the members of the Auditing Commission of the Federal Chamber of Lawyers for a period of two years and approves its report on the results of the financial and economic activities of the Federal Chamber of Lawyers; 8 approves the Regulations of the Congress; 9) determines the seat of the Council of the Federal Chamber of Advocates; 10) exercises other functions as provided for in the statute of the Federal Chamber of Lawyers. (Article as amended by the Federal Act No. N 163-FZ) Article 37. The Council of the Federal Chamber of Lawyers 1. The Council of the Federal Chamber of Advocates is a collegial executive body of the Federal Chamber of Lawyers. 2. The Council of the Federal Chamber of Advocates is elected by the All-Russian Congress of Lawyers by secret ballot not more than 30 people and is subject to renewal (rotation) once every two years by one third. On the next rotation, the President of the Federal Chamber of Advocates submits to the Council of the Federal Chamber of Lawyers candidates for disposal, as well as counsel to fill the vacant seats Members of the Council of the Federal Chamber of Lawyers. After the approval by the Council of the Federal Chamber of Lawyers, the nominations submitted by the President are submitted to the Congress for approval. If the Congress does not approve the submitted candidates, the President of the Federal Chamber of Advocates submits new candidates for approval of the Congress only after consideration and approval by the Council of the Federal Chamber of Lawyers. (...) (...) N 163-FZ) 3. The Council of the Federal Chamber of Advocates: 1) elects the President of the Federal Chamber of Lawyers for a term of four years and on the submission of one or more Vice-Presidents of the Federal Chamber Lawyers for two years will determine the powers of the President and Vice-Presidents. At the same time, the same person cannot hold the position of President of the Federal Chamber of Advocates for more than two consecutive terms; 2) in the period between the congresses decides on the early termination of the powers of the members of the council, whose status of attorney is terminated or suspended. These decisions are submitted for approval of the next Congress; 3) represents the Federal Chamber of Lawyers in the bodies of state power, local self-government bodies, public associations and other Russian organizations, and 4) coordinates the activities of lawyers ' chambers, including the provision of legal aid by lawyers to citizens of the Russian Federation free of charge under the State free legal system. assistance and their participation as a defence counsel in criminal proceedings The appointment of bodies of inquiry, preliminary investigation bodies or courts, or as a representative in civil proceedings for the appointment of a court; (In the wording of the Federal Law dated 21.11.2011. N 326-FZ ) 5) promotes professional development of lawyers, develops a uniform methodology for the training and retraining of lawyers, assistants to lawyers and trainee lawyers; 6) protects social security and professional rights of lawyers; 7) participates in the examination of draft federal laws on matters relating to the law of the profession; 8) organizes information support for lawyers; 9) Summary of the disciplinary practices of the The Chambers, and develops the necessary recommendations in this regard; 10) carries out methodical activities; 11) convenes at least once every two years the All-Russian Congress of Advocates, forms its agenda; 12) manages the property of the Federal Chamber of Advocates in accordance with the estimates and with the appointment of the property; 13) approves the standard of representation from the Chambers of the Lawyers ' Chambers; 14) approves the Council's regulations The Federal Chamber of Lawyers and the staffing table of the Office of the Federal Chamber - 15) determines the level of remuneration of the President and Vice-Presidents, other members of the Board of the Federal Chamber of Lawyers, members of the Auditing Commission of the Federal Chamber of Lawyers, within the limits of the cost estimates approved by the Congress The contents of the Federal Chamber of Lawyers; 16) exercise other functions as provided for in the statute of the Federal Chamber of Lawyers. (...) (...) N 163-FZ 4. In the event of non-compliance by the Council of the Federal Chamber of Lawyers with the requirements of this Federal Law, the powers of the Council of the Federal Chamber of Lawyers may be terminated at the All-Russian Congress of Lawyers. The All-Russian Congress of Advocates is convened by the Council of the Federal Chamber of Lawyers at the request of one third of the lawyers ' chambers of the Russian Federation. 5. Meetings of the Council of the Federal Chamber of Advocates are convened by the President of the Federal Chamber of Lawyers, as required, but at least once in three months. The meeting is considered to be valid if there are at least two thirds of the members of the Council of the Federal Chamber of Lawyers. (In the wording of Federal Law of 20.12.2004) N 163-FZ) 6. Decisions of the Council of the Federal Chamber of Lawyers shall be taken by a simple majority vote of the members of the Council of the Federal Chamber of Lawyers participating in its meeting. 7. The President of the Federal Chamber of Advocates represents the Federal Chamber of Lawyers in relations with the organs of State power, local authorities, voluntary associations and other organizations, as well as with natural persons. On behalf of the Federal Chamber of Lawyers without a power of attorney, grants the power of attorney and concludes transactions on behalf of the Federal Chamber of Advocates, administers the property of the Federal Chamber of Lawyers on the decision of the Council of the Federal Chamber of Lawyers in accordance with and the appointment of the Secretary-General. The dismissal from the work of the staff of the Office of the Federal Chamber of Advocates, convenes meetings of the Council of the Federal Chamber of Lawyers, ensures the execution of the decisions of the Council of the Federal Chamber of Lawyers and the decisions of the All-Russian Congress of Lawyers. 8. The President and Vice Presidents, as well as other members of the Council of the Federal Chamber of Lawyers, may combine the work of the Council of the Federal Chamber of Lawyers, with remuneration for the work of the Council of the Federal Chamber Lawyers in a size determined by the Council of the Federal Chamber of Lawyers. (In the wording of the Federal Law 20.12.2004 N 163-FZ) 9. The Council of the Federal Chamber of Lawyers has no right to practise law on its own behalf, as well as to engage in business activities. Article 38. The property of the Federal Chamber of Lawyers 1. The property of the Federal Chamber of Advocates is based on contributions by the Chambers ' Chambers, grants and charitable donations (donations) from legal entities and individuals in accordance with the procedure established by law of the Russian Federation. The Federal Chamber of Advocates is the owner of the property. 2. The costs of the general needs of the Federal Bar include the costs of remuneration of lawyers working in the Federal Chamber of Advocating, and the costs of the expenses incurred by the lawyers in their work in these bodies. The salaries of employees of the Office of the Federal Chamber of Lawyers and other expenses incurred by the Federal Chamber of Lawyers. (In the wording of Federal Law of 20.12.2004) N 163-FZ) Article 39. Lawyers ' associations Lawyers have the right to form public associations of lawyers and (or) to be members of public associations of lawyers in accordance with the legislation of the Russian Federation. Public associations of lawyers are not entitled to exercise the functions of lawyers ' entities under this Federal law, as well as the functions of the Chambers of the Russian Federation or the Federal Chamber of Lawyers or their bodies. GLA 5. CONCLUDING AND TRANSITIONAL PROVISIONS Article 40. Maintaining the status of counsel 1. Lawyers-members of the bar associations formed in accordance with the legislation of the USSR and the RSFSR and operating in the territory of the Russian Federation at the time of the entry into force of this Federal Law (hereinafter referred to as the Bar Association of the Russian Federation). The entry into force of this Federal Act, which meets the requirements of article 9, paragraphs 1 and 2, of this Federal Act, shall retain the status of a lawyer after the entry into force of this Federal Act without having passed the qualifying examination. The adoption of decisions on the granting of the status of a lawyer by the qualification commissions. 2. The Bar Association, formed prior to the entry into force of this Federal Act, shall transmit to the territorial authority a list of its members, signed by the head of the Federal Act, within one month of the entry into force of this Federal Act. The Bar Association and its certified press. The list is sent to the territorial jurisdiction of the constituent entity of the Russian Federation, where members of the bar are represented in the tax authority as taxpayers of a single social tax. The Moscow Regional Bar Association and the Leningrad Regional Bar guide the lists of their members to the territorial jurisdiction of the justice system in the Moscow region and the territorial jurisdiction of the Leningrad region independently Where members of these bar associations are represented in the tax authorities as taxpayers of a single social tax. 3. The list sent to the territorial jurisdiction must contain the names, names and patronymic of the lawyers, as provided for in the relevant regional register. The following documents are included in the list: 1) personal statements by lawyers to provide information about them to the appropriate regional register; 2) copies of lawyers ' identity documents; 3) containing biographical information about lawyers; 4) copies of work books or other documents confirming the length of service in the legal profession; 5) copies of documents confirming higher legal education; or academic degree; 6) copies Decisions on admission to the bar by lawyers formed prior to the entry into force of this Federal Law. 4. The territorial jurisdiction organizes the verification of the authenticity of the documents and information submitted. At the same time, the territorial body of justice has the right to apply to the relevant bodies and organizations if necessary. 5. After confirming the validity of the documents and information, the territorial body of justice shall, within three months from the date of the entry into force of this Federal Law, provide information on the lawyers referred to in paragraph 1 of this article, The regional register and the regional media publish the lists in alphabetical order. Failure to provide information on a lawyer to a regional register can be appealed to the courts. Prior to the issuance of the certificates provided for in article 15 of this Federal Act, certificates issued to lawyers shall be valid until the entry into force of this Federal Act. 6. The Bar Association, formed prior to the entry into force of this Federal Act, shall be terminated by the new members of the bar no later than 1 July 2002. From the day of the entry into force of this Federal Law until the day of creation in the relevant subject of the Russian Federation of the qualification commission, the assignment of the status of a lawyer is suspended. Article 41. Holding assembly of assemblies (conferences) of lawyers 1. The territorial bodies of justice, together with the bureaux of the bar associations formed before the entry into force of this Federal Law, organize the constituent assembly (s) of lawyers in the constituent entities of the Russian Federation Five months from the date of the entry into force of this Federal Act. The composition of the Constituent Assembly (conference) of lawyers shall be formed from the lawyers included in the regional registry under article 40 of this Federal Law and who were members of the bar associations formed before The entry into force of this Federal Act, as of 1 July 2001. 2. The Bar Association, formed prior to the entry into force of this Federal Law, elects, at its general meetings, delegates to the constituent conference of lawyers, in accordance with the rule of representation determined by the territorial body of justice, together with The bureaux of the data of the bar associations. 3. In the event that lawyers are to account for a single social tax in the tax authorities of a constituent entity of the Russian Federation as taxpayers, but are members of the bar association formed before the entry into force of the present case Federal law, other subject of the Russian Federation, the territorial body of justice in the place of account of lawyers as taxpayers organizes the general meeting of such lawyers, in which they elect delegates to the constituent assembly. The conference of lawyers. The rules of representation for such lawyers are determined by the organizers of the constituent conference of the lawyers of the constituent entity of the Russian Federation. 4. The Constituent Assembly (conferences) of lawyers are considered to be entitled if they are attended by at least two thirds of the lawyers (conference delegates). The Constituent Assembly (conference) of lawyers elects three delegates to the first All-Russian Congress of Advocates. 5. The opening of the constituent assembly (conference) of the lawyers is entrusted to the oldest legal counsel participating in the assembly (conference). In order to conduct the meeting, the lawyers participating in the meeting (delegates to the conference) shall elect a Bureau. 6. The decisions of the constituent assembly (conference) of lawyers shall be taken by a simple majority of the lawyers participating in the assembly (conference delegates). The organizers of the constituent assembly (conferences) of lawyers have the right to establish the procedure for nominating candidates to the bodies of the Chamber of Lawyers, taking into account the need for representation in the executive body of the Bar Association from various bar associations, of the present Federal Act in proportion to the size of their members. 7. Lawyers who are not members of the constituent assembly (conference) of lawyers may be elected to the bodies of the Chamber of Actors of the Russian Federation and the Federal Chamber of Lawyers. Article 42. The first All-Russian Congress of Lawyers , 1. The Federal Court of Justice, together with the Chambers of the Chambers, shall organize the first All-Russian Congress of Lawyers within seven months from the date of the entry into force of this Federal Law. 2. The first All-Russian Congress of Advocates is considered to be valid if it is attended by at least two thirds of the congress delegates. 3. The opening of the first All-Russian Congress of Advocates is entrusted to the oldest legal counsel participating in the congress. For the record of the meeting, the delegates of the Congress shall elect a Bureau. 4. The decisions of the first All-Russian Congress of Lawyers are adopted by a simple majority of the delegates of the congress. 5. Lawyers who are not members of the first All-Russian Congress may be elected to the bodies of the law chamber of the constituent entity of the Russian Federation and the Federal Chamber of Lawyers. Article 43. The incorporation of organizational and legal forms of the Colleges of Lawyers, formed before the entry into force of this Federal Law, in accordance with this Federal Law 1. The organizational and legal forms of the bar associations formed prior to the entry into force of this Federal Act are in accordance with this Federal Law in accordance with the procedure established by this article. 2. After the registration of the Bar Association of the constituent entity of the Russian Federation, the bar associations and other legal entities formed before the entry into force of this Federal Act are not entitled to exercise the rights provided for in this Federal Act. The functions of the Bar Association of the constituent entity of the Russian Federation and the Federal Chamber of Lawyers or their organs, with the exception of the functions provided for in article 44 of this Federal Law. 3. Within six months from the date of registration of the Bar Association of the Russian Federation, the Bar Association and other legal entities formed prior to the entry into force of this Federal Act are obliged to bring their organizational and legal rights. of the form in accordance with this Federal Act. 4. To bring organizational and legal forms of bar associations of lawyers and other legal entities formed prior to the entry into force of this Federal Law, based on the membership and characteristics of a non-profit organization, in accordance with This Federal Act is being implemented by decision of the general assembly of the relevant law education by reorganization (allocation, separation, conversion) into one or more legal entities of organizational and legal forms, as provided by this Federal Act. 5. The territorial bodies of justice are responsible for monitoring compliance with the law in the reorganization of the bar associations and other bar associations formed prior to the entry into force of this Federal Act. 6. This federal law recognizes the right of lawyers working in legal advice to demand that they be assigned from a bar association formed prior to the entry into force of this Federal Act, with the conversion of this legal system. -Consultation into the non-profit organization of one of the organizational and legal forms provided for by this Federal Law. The decision to provide legal advice to the bar association is taken by a simple majority of the list of lawyers working in the appropriate legal advice on the day of registration of the Chamber of Lawyers. At the same time, the right to become founders (members) of the newly emerging bar association is vested in all lawyers working in the appropriate legal advice on the day of registration of the Chamber of Advocates, including those who did not participate in the nomination allocation requests. The decision to allocate legal advice to a lawyer's office is taken by two thirds of the list of lawyers working in the relevant legal consultation on the day of registration of the Chamber of Lawyers. At the same time, the founding members (members) of the newly emerging law office are only the lawyers who have entered into a partnership contract. 7. The decision of the lawyers of the legal counsel to select from a bar association formed prior to the entry into force of this Federal Law should be sent within two months from the date of registration of the lawyer's chamber with a registered letter in the President's office A panel of lawyers formed prior to the entry into force of this Federal Law, as well as to the appropriate territorial body of justice. The decision is considered by the general meeting of the bar association, formed before the entry into force of this Federal Law, within four months from the date of registration of the Chamber of Lawyers. 8. The rights and obligations of the reconstituted bar association, formed before the entry into force of this Federal Law, shall be transferred to the newly created legal entity in accordance with the balance of the division. In doing so, the new legal entity is transferred to the property in kind and property rights previously used in the relevant legal advice. 9. This federal law recognizes the right of lawyers working in the law firm, which is the establishment of a bar association established prior to the entry into force of this Federal Act, to transfer property ownership to them The institution will be brought into conformity with this Federal Law. The decision on the submission of a claim for transfer of ownership is taken by two thirds of the list of lawyers working in the respective lawyer's office on the day of registration of the Chamber of Lawyers. 10. The requirement for the transfer of ownership should be submitted within two months from the date of registration of the registered chamber by registered letter to the Presidium of the Bar Association, formed before the entry into force of this Federal Law, as well as in the relevant territorial authority of the judiciary. The request shall be considered by the general meeting of the bar association, formed before the entry into force of this Federal Law, within a five-month period from the date of registration of the lawyer's chamber. 11. As a result of satisfying the requirements of paragraphs 6 and 9 of this article, the bar association, formed prior to the entry into force of this Federal Act, shall transfer the ownership of the property in accordance with the transfer act. a lawyer's office or property of legal advice to lawyers working in the respective offices or consultations, in equal shares, subject to the forming of the undivided fund of newly emerging bar associations or a lawyer's office. 12. Lawyers remaining in the Bar Association, formed prior to the entry into force of this Federal Law, after satisfying the requirements of paragraphs 6 and 9 of this article, may decide on the transformation (division) A panel of lawyers formed prior to the entry into force of this Federal Law into one or more legal entities of the organizational and legal forms provided for by this Federal Law. 13. The division of the Bar Association, formed prior to the entry into force of this Federal Act, shall be divided into two or more lawyers, at the request of not less than half of the lawyers who are members of the reconstituted bar association, the remaining members of the Bar after satisfying the requirements set out in paragraphs 6 and 9 of this article. The rights and obligations of the reorganised bar association are transferred to newly created legal entities in accordance with the dividing balance. The distribution of the rights and duties of the reconstituted bar association, formed prior to the entry into force of this Federal Act, is exercised in proportion to the number of legal persons who are parties to the Act. of new legal entities. Legal persons arising from the separation of the Bar Association, formed prior to the entry into force of this Federal Law, are not entitled to use the name and symbols of the reorganized bar association. 14. The requirement that a bar association established prior to the entry into force of this Federal Act be divided into two or more lawyers ' education shall be submitted within a five-month period from the date of the registration of a lawyer's chamber with a registered letter The presidium of the Bar, formed before the entry into force of this Federal Law, as well as the relevant territorial body of justice. The request shall be considered by the general meeting of the bar association, formed before the entry into force of this Federal Law, within six months from the date of registration of the lawyer's chamber. 15. The conversion of a bar association of lawyers or other legal entities formed prior to the entry into force of this Federal Law into one of the organizational and legal forms provided for by this Federal Law is implemented by decision The General Assembly, which was adopted by a majority of the members of the legal profession in question. At the same time, the rights and obligations of the reorganizing bar association or other legal profession are transferred to the newly created Bar Association or the Bar Association in accordance with the transfer act. 16. The members of the Bar Association and the lawyers ' offices that have reappeared in the course of the reorganization are the legal successors of the bar associations and other legal entities formed prior to the entry into force of this Federal Act, in accordance with the A balance or a gear ratio. 17. Since the date of entry into force of this Federal Act, bar associations and other legal entities formed prior to the entry into force of this Federal Act are not entitled to transfer their members or to transfer property between them Legal advice, counsel and the disposition of the property of the Bar Association established prior to the entry into force of this Federal Act, except in the manner prescribed by this article. 18. If within three months from the date of receipt of the requirements of paragraphs 6, 9 and 13 of this article, the general assembly of the bar association formed prior to the entry into force of this Federal Act will not approve the separation balance or In the event of the failure of the bar association to submit the lists of the attorneys that are its members, the bar shall be provided with the necessary documents referred to in the article within 45 days from the date of the entry into force of this Federal Act. 40 of this Federal Act, to the territorial jurisdiction, the arbitral tribunal In the case of a suit of the relevant territorial entity, the court appoints an outside manager of the said bar and entruts it to reorganize it. 19. From the day of appointment of an external manager, all the powers of governing the Bar Association, formed before the entry into force of this Federal Law, to be reorganized. 20. The external manager acts on behalf of the reorganised bar association in court, is the division balance or transfer act and submits it to the court together with the constituent documents of the resulting reorganization Legal entities. The approval by the arbitral tribunal of the said documents is the basis for the State registration of newly emerging legal entities. 21. State registration of legal entities that have arisen as a result of the harmonization of the bar associations of lawyers and other legal entities formed prior to the entry into force of this Federal Act, in accordance with this Federal Act, It is carried out in accordance with the procedure established by the Federal Law on the State Registration of Legal Persons. 22. The notarized copies of the following documents are submitted to the State registration authorities: 1) the reorganization decision; 2) the balance sheet or the transfer act; 3) Constitutive documents of newly emerging legal entities; 4) documents confirming the fact that the founders were informed in the regional register. 23. Reorganization of the bar associations and other bar associations formed prior to the entry into force of this Federal Law applies the rules on the reorganization of legal persons established by Civil Code of the Russian Federation and the O non-profit organizations "unless they are contrary to this article. Article 44. Provision of free legal assistance to citizens of the Russian Federation, as well as legal aid for the purpose of assignment 1. All attorneys ' chambers within 20 days of their registration are obliged to make decisions related to the procedure of providing legal assistance to citizens of the Russian Federation free of charge, as well as the procedure for the participation of lawyers as defence lawyers in criminal cases. Procedure for the appointment of investigative bodies, preliminary investigation bodies or courts. (In the wording of Federal Law of 24.07.2007) N 214-FZ 2. Prior to the adoption of these decisions by the chambers of law, the responsibility for providing legal assistance to citizens of the Russian Federation free of charge, as well as for the participation of lawyers as defence lawyers in criminal proceedings for the appointment of bodies of inquiry, before the entry into force of this Federal Law. (In the wording of Federal Law of 24.07.2007) N 214-FZ) Article 45. Entry into force of this Federal Law 1. This Federal Act shall enter into force on 1 July 2002, with the exception of article 7, paragraph 1, subparagraph 6, of this Federal Act, which shall enter into force on 1 January 2007. 2. On the date of the entry into force of this Federal Law: 1) to recognize the Law of the USSR not operating in the territory of the Russian Federation 1979) "On the Bar in the USSR" (Bulletin of the Supreme Soviet of the USSR, 1979, N 49, art. 846); 2) to declare invalid: RSFSR of 20 November 1980 "On Approval of the Regulations on the Russian Bar" (Statements by the Supreme Council of the RSFSR, 1980, N 48, sect. 1596); Order of the Presidium of the Supreme Soviet of the RSFSR of 8 July 1991 N 1560-I " On measures for the social protection of citizens engaged in Law practice in the boards of lawyers of the RSFSR in the conditions of transition of economy to market relations " (statements of people's deputies of RSFSR and Supreme Soviet of the RSFSR, 1991, N 28, art. 977). 3. Prior to the entry into force of article 7, paragraph 1, subparagraph 6, of this Federal Act, counsel is entitled to carry out voluntary insurance for the risk of his or her professional liability. At the same time, the insurance premiums paid by the lawyer to the insurer under the insurance contract are related to the funds released by counsel in accordance with article 25, paragraph 7, of this Federal Act. 4. Prior to the formation of the Council of the Federal Chamber of Lawyers, the councils of the chambers of the Russian Federation shall exercise the following powers of the Council of the Federal Chamber of Advocates: 1) the drafting and approval of a provisional order The examination and evaluation of the applicants ' qualifications, as well as the list of issues proposed to the applicants; (2) the approval of the ballot papers for the vote referred to in article 33, paragraphs 6 and 7, of this Federal Law. 5. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 31 May 2002 N 63-FZ