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Amending Articles 5.39 And 13.14 Of The Code On Administrative Offences Of The Russian Federation And The Federal Law "about Lawyer Activity And Legal Profession In The Russian Federation"

Original Language Title: О внесении изменений в статьи 5.39 и 13.14 Кодекса Российской Федерации об административных правонарушениях и Федеральный закон "Об адвокатской деятельности и адвокатуре в Российской Федерации"

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Russian Federation of Administrative Offences and Federal Law " On Amendments to Articles 5.39 and 13.14 of the Code Law of the Bar of the Russian Federation adopted by the State Duma on May 17, 2016 Approved by the Federation Council on 25 May 2016 Article 1 Commit to Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, No. 1, art. 1; 2007, No. 16, sect. 1825; No. 26, sect. 3089; 2010, No. 23, sect. 2790; 2011, No. 50, sect. 745; 2015, No. 7250) the following changes: 1) Paragraph 1 of Article 5.39, amend to read: " Unauthorized refusal to grant a citizen, including to a lawyer in connection with a lawyer's request from him, and (or) The organization of information which is provided by federal laws, untimely provision of information or the provision of information that is not reliable-"; 2) article 13.14 should be supplemented with a Note to read as follows: " Note. Lawyers who have committed an administrative offence under this article shall be administrated as officials. ". Article 2 href=" ?docbody= &prevDoc= 102399230&backlink=1 & &nd=102076346 "target="contents"> dated 31 May 2002, No. 63-FZ" On Advocacy and Advocacy in the Russian Federation " (Russian Federation Law Assembly, 2002, No. 23, p. 2102; 2003, No. 44, sect. 4262; 2004, No. 35, sect. 3607; No. 52, sect. 5267; 2007, No. 31, sect. 4011; 2011, No. 29, Art. 4291; No. 48, sect. 6727; 2015, No. 29, Art. 4394), the following changes: 1) Article 6, paragraph 3, paragraph 3, amend to read: " 1) to collect the information necessary for the provision of legal aid, including requesting help, characteristics, and other documents from The authorities of the State, local authorities, public associations and other organizations shall be in accordance with the procedure provided for in article 6-1 of this Federal Law. These bodies and organizations are required, in due course, to give the lawyer the documents they have requested or copies thereof; "; 2) to supplement article 6-1 as follows: " Article 6-1. The bar request 1. The lawyers are entitled to refer to the bodies of state power, local self-government bodies, public associations and other organizations in accordance with the procedure established by this Federal Law, the official communication within the competence of the above-mentioned bodies. organs and organizations to provide certificates, characteristics and other documents necessary for the provision of qualified legal assistance (hereinafter a lawyer's request). 2. The public authorities, local authorities, public associations and other organizations to whom the solicitier's request are submitted shall reply in writing to it within thirty days of its receipt. In cases requiring additional time for the collection and provision of the requested information, the period may be extended but not for more than thirty days, and a notice of extension shall be sent to the lawyer who submitted the bar request The time limit for the review of a lawyer's request. 3. The requirements for the form, procedure and direction of a lawyer's request are determined by the federal justice system in consultation with the public authorities concerned. 4. The requested information may be denied if: 1) the subject receiving the solicitor has not had the requested information; 2) the form requirements, the layout order, and the requested information are violated. the direction of a lawyer's request determined in accordance with established procedure; 3) the information requested has been classified by the law as restricted information. 5. The unlawful refusal to provide information provided for in federal laws is punishable under the law of the Russian Federation. 6. In cases where the legislation of the Russian Federation sets out a special procedure for the provision of information, the examination of the lawyer's request shall be carried out in accordance with the requirements established by the legislation of the Russian Federation for the purposes of of the relevant category of information. "; 3) in article 7, paragraph 1: (a), subparagraph 3, restate: " 3) to continually improve its knowledge on its own and to raise its professional level in by the Federal Chamber of Lawyers of the Russian Federation in the Russian Federation; "; b) in subparagraph 5 of the words" from the remuneration received ", delete; 4) in article 15: (a), paragraphs 1 and 2, amend to read: " 1. Qualification Commission within seven days from the date of taking the oath by a person who has successfully passed the qualifying examination shall notify the applicant of the applicant's status and the taking of the oath of office within the territorial jurisdiction within a period of one month from the date The receipt of the notification shall provide information about the lawyer to the regional registry and issue the certificate to counsel. 2. The form of the certificate and the procedure for filling it shall be 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 shall be accompanied by a photograph of a lawyer, certified in accordance with the procedure established by the federal authority. "; Access of a lawyer to the buildings of district courts, garrison military courts, arbitration courts of the constituent entities of the Russian Federation, to buildings where justice is administered by justices of the peace, to the offices of the cities and districts of the city, of equivalent military and other specialized prosecution services of professional activity. "; 5) in article 17: (a), paragraph 2 should be amended to read: " 2-1) Illegal Use and (or) Disclosure of Information Related to To provide counsel with qualified legal assistance to his or her client, or to systematically disregard the legal requirements of the Russian Federation; "; b) to supplement paragraph 7 of the following Content: " 7. The presentation on the institution of disciplinary proceedings, submitted to the Chamber of Legal Affairs of the constituent entity of the Russian Federation by the territorial body of justice, is considered by the Qualification Commission and the Council of the Legal Chamber of the constituent entity of the Russian Federation in the manner prescribed by the code of professional ethics of counsel. "; 6), article 21, paragraph 1, should read: " 1. A lawyer who has worked as a lawyer for at least five years and who has decided to practise as a lawyer is entitled to establish a lawyer's office. "; 7), article 22, paragraph 1, should be supplemented with the following sentence: Table of contents: "The founders of the Bar must be at least two lawyers with at least five years ' experience as lawyers"; 8) in article 25: (a) the first paragraph of paragraph 7 should read as follows: " 7. Counsel performs professional expenses on: "; b) paragraph 10 after the words" in civilian "in addition to the words" or administrative "; 9) in article 30, paragraph 2: (a) in subparagraph 1 of the words" members of the council, and " In the words of "the Council in the manner provided for in article 31, paragraph 4, of this Federal Law, and"; b), subparagraph 11, amend to read: "11) the establishment of measures to encourage lawyers;"; 10) in article 31: (a) in paragraph 3: subparagraph 6 after the words "in a civilian" complement In the words "or administrative"; subparagraph 8 restates: " 8) promotes the professional level of lawyers, including the approval of professional training programmes for lawyers, assistants Lawyers and trainee lawyers in accordance with the advice of the Federal Chamber of Lawyers, shall organize professional training in these programmes in accordance with the procedure and uniform methodology approved by the Council of the Federal Chamber of Lawyers; " (b) Paragraph 4 should read: " 4. In case of failure of the Council of the Chamber of Lawyers to comply with the requirements of this Federal Act or the decisions of the All-Russian Congress of Lawyers or the Council of the Federal Chamber of Lawyers, adopted in accordance with this Federal Law, including in the case of The Federal Chamber of Lawyers, the Federal Chamber of Lawyers, at least half of the members of the Federal Chamber of Lawyers, have adopted a decision that is contrary to the said requirements or decisions, the failure to pay more than six months of mandatory contributions to the general needs of the Federal Chamber of Lawyers of the Chamber of Counsel, the submission of a territorial body of justice or On its own initiative, the Council of the Chamber of Lawyers ordered the annulment of a decision violating the requirements of this Federal Act or contrary to decisions of the organs of the Federal Chamber of Lawyers, or on the execution of the requirements of this law. The federal law or the decisions of the organs of the Federal Chamber of Lawyers. "; c) add the following paragraphs 4-1 to 4 to 3: " 4-1. The Council of the Federal Chamber of Advocates annuls a decision that violates the requirements of this Federal Law or contradicts the decisions of the Federal Chamber of Lawyers, in the event of default of two months by the Council of the Chamber of Lawyers a requirement for the annulment of the decision and the right to convene at least half of the members of the Bar, to represent the territorial body of justice, or to convene an extraordinary meeting (conference) on his own initiative Counsel for the review of early termination of the council's powers as well as to suspend the powers of the President of the Chamber of Lawyers and appoint an Acting President until an extraordinary meeting (conference) is taken by the lawyers of the respective decisions. 4-2. In case of failure of two months by the Council of the Chamber of Counsel to enforce the requirements of this Federal Act or decisions of the Federal Chamber of Lawyers, the advice of the Federal Chamber of Lawyers is not Less than half of the members of the Bar Association, the submission of the territorial body of justice, or on its own initiative, to convene an extraordinary meeting (conference) of lawyers to consider the issue of early termination of the council's powers The President of the Chamber of Commerce and the Chamber of Commerce and the Appoint the Acting President until an extraordinary meeting (s) is adopted by the lawyers of the respective decisions. 4-3. The decision of the Council of the Federal Chamber of Lawyers should indicate the grounds for the convening of an extraordinary meeting (conference) of lawyers and the suspension of the powers of the President of the Bar, the time and place of holding a meeting (conference) of lawyers, Representation and election of delegates to the conference. "; 11) Paragraph 1 of article 35, paragraph 2, should be supplemented with the words" as well as other tasks assigned to the Bar in accordance with the law of the Russian Federation ". THE RUSSIAN FEDERATION The Federal Chamber of Lawyers has the right to apply to the courts in accordance with article 46 of the Code of Civil Procedure of the Russian Federation and article 40 of the Code of Administrative Procedure of the Russian Federation. A statement in defence of the rights, freedoms and legitimate interests of an indeterminate circle of persons who are members of the defence community. "; 12) in article 36 (2): (a) to supplement subparagraph 2-1 as follows: " 2-1) Approves the standards for the provision of qualified lawyers for all lawyers Legal aid and other legal aid standards; "; (b) in subparagraph 3, the words" take decisions on early termination of the powers of the members of the council, " delete; 13) in article 37: (a) in paragraph 3: sub-paragraph 4 after the words "in civil" add "or administrative"; sub-paragraph 5, as follows: " 5) promotes the professional level of lawyers, develops and approves the order and Unified methodology for the training of lawyers and assistants Counsel and trainee lawyers; "; subpara. 9 restated: " 9) approves recommendations on disciplinary practices in chambers; "; (14) after" regulation of the Federal Chamber of Lawyers "supplement the words", the rules of the commission of the Federal Chamber of Lawyers on ethics and standards (hereinafter referred to as the commission on ethics and standards) "; (15), after the words" other members of the Council of the Federal Chamber "to supplement the words" by the members of the Ethics Commission and the standards, "; sub-paragraph 16 restates: " 16) performs other functions provided for by this Federal Law and the Statute of the Federal Chamber of Advocates, as well as those aimed at achieving the objectives The activities of the Federal Chamber of Lawyers, provided for in article 35 (2) of this Federal Law. "; b), supplement paragraph 7-1 as follows: " 7-1. In exceptional cases, in order to ensure the uniform application of the provisions of this Federal Act, the code of professional ethics of counsel and the unity of disciplinary practice, as well as compliance with decisions of the Federal Chamber of Lawyers and its organs The President of the Federal Chamber of Lawyers, on his own initiative or on the advice of the Vice-President, shall institute disciplinary proceedings against a lawyer when there is evidence of a violation of the rules of the law. The Federal Law, the Code of Professional Ethics of Counsel, Failure or improper performance of its duties and forwards the disciplinary case to the Chamber of Lawyers of the constituent entity of the Russian Federation, of which counsel is a lawyer, for consideration by the qualification commission and by the council in order, The code of professional ethics of counsel. "; 14) to supplement article 37-1 as follows: " Article 37-1. Ethics and Standards Commission 1. The Ethics and Standards Commission is a collegiating body of the Federal Chamber of Advocates that develops standards for the provision of qualified legal aid and other standards of advocacy that are binding on all lawyers. An explanation on the application of the code of professional ethics of the lawyer, as well as by the code of ethics of the lawyer and the rules of the commission on ethics and standards of other powers, is explained by the Chambers and the lawyers. 2. The work of the Ethics and Standards Commission is governed by the present Federal Law, the Code of Professional Ethics of the Lawyer and the Rules of Procedure of the Ethics Committee. 3. The Commission on Ethics and Standards is formed for four years in the number of sixteen members according to the following rules of representation: 1) from lawyers-President of the Federal Chamber of Lawyers, as well as nine lawyers elected by the Russian Federation by the congress of lawyers; 2) from the Federal Law Office-two representatives; 3) from the State Duma of the Federal Assembly of the Russian Federation-two representatives; 4) from the Federation Council of the Federal Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The President of the Ethics and Standards Commission is the President of the Federal Chamber of Lawyers. 5. The Ethics and Standards Commission: 1) develops, for the approval of the All-Russian Congress of Advocates, standards for all lawyers to provide qualified legal assistance and other legal standards; (2) At the request of the President of the Federal Chamber of Advocates, the Council of the Federal Chamber of Advocates, the Council of the Chamber of Advocates is binding on all lawyers ' chambers and lawyers, and the advice of the Federal Chamber of Advocates on the to the implementation of the Code of Professional Ethics of Counsel and on the The procedure for the qualification examination and the evaluation of applicants 'knowledge; 3) sums up the disciplinary practices of the Chambers' Chambers, and in this regard develops the necessary counsel for the approval of the Federal Chamber of Lawyers Recommendations; 4) exercises other powers in accordance with the rules of the Ethics Commission and standards. ". Article 3 are valid for the presentation of lawyers throughout the territory of the Russian Federation. President of the Russian Federation Vladimir Putin Moscow, Kremlin No. 160-FZ