A matter of honor: an interview with the President of the Federal Chamber of Lawyers of the Russian Federation, Doctor of Law, Professor Yuri Sergeevich Pilipenko. A matter of honor: an interview with the President of the Federal Chamber of Lawyers of the Russian Federation, Doctor of Law

In 1990 he graduated with honors from the Russian University of Friendship of Peoples. P. Lumumba majoring in jurisprudence.

Doctor of Law.

Since 1991 - a lawyer, a member of the Moscow Regional Bar Association.

Since 2003 - Chairman of the Council of the Bar of the Moscow Region Law Firm "YUST".

Since 2005 - member of the Council Federal Chamber lawyers Russian Federation.

President of the Federal Chamber of Lawyers. In the Federal Chamber of Lawyers of the Russian Federation since 2005 in the position of First Vice-President, since January 14, 2015 - in the position of President.

He contributed to the formation and development of the Russian legal profession as a single independent self-governing professional corporation that ensures the rights of citizens guaranteed by the Constitution of the Russian Federation to receive qualified legal assistance, judicial protection and access to justice.

Coordinates the activities of the chambers of lawyers of the constituent entities of the Russian Federation, the Council of the Federal Chamber of Lawyers of the Russian Federation and the Office of the Federal Chamber of Lawyers of the Russian Federation, holding conferences, round tables and other events of the Federal Chamber of Lawyers of the Russian Federation, interaction of the Federal Chamber of Lawyers of the Russian Federation with bodies state power and public organizations, international activities of the FPA RF.

Contribution to the development of the Russian advocacy Draft law “On Free Legal Aid in the Russian Federation”. Yuri Sergeevich contributed to the development of a draft law on free legal aid, prepared by the Ministry of Justice of the Russian Federation jointly with the Federal Chamber of Lawyers of the Russian Federation, coordinates the work of regional bar associations to organize the participation of lawyers in state system free legal aid on the basis of the Federal Law "On Free Legal Aid in the Russian Federation".

He is the initiator of the establishment in 2008 of the highest award of the legal community - the National Award in the field of advocacy and advocacy, which once every two years at a solemn ceremony with the participation of representatives of public authorities and legal science is awarded to the most professional and authoritative lawyers and legal education, which contributes to increasing the prestige of the legal profession in society.

On his initiative and with his personal participation, agreements have been concluded and cooperation between the FPA RF and a number of human rights organizations is actively developing, in particular, with the Commissioner for Human Rights in the Russian Federation and the Commissioner for the Protection of the Rights of Entrepreneurs under the President of the Russian Federation. In accordance with the cooperation agreement signed on December 14, 2014 between the Institute of the Commissioner for the Protection of the Rights of Entrepreneurs under the President of the Russian Federation and the Federal Chamber of Lawyers of the Russian Federation, in a number of constituent entities of the Russian Federation, the participation of lawyers in “pro bono” activities has been transferred to a systemic basis to solve the problems of entrepreneurs arising in the field of law enforcement on their appeals received by the Commissioner for the Protection of the Rights of Entrepreneurs.

He is a member of the Council for the Improvement of Judicial Proceedings.

The main scientific provisions formulated by the author on the basis of the research:

1. The formation of attorney-client secrecy involves the establishment of certain relations between people regulated by law. and on this basis it is classified as a legal secret. For the purposes of this study, legal secrets are understood as secrets, relations about which are regulated or should be regulated by the rules of law. The secret arises as a result of the prohibition of access to information in order to prevent the occurrence of possible negative consequences receipt, disclosure, distribution and use of this information by other persons; a legal secret is characterized by the presence of a subject (person, organization, state) that closes access to it, an object (the content of information) and an object (a set of interests or benefits that may be damaged as a result of unauthorized access to the subject of the secret). Any legal secret is a state of prohibition of access to information, unauthorized receipt, as well as disclosure or other misuse of which may damage protected interests or benefits; in the field legal regulation this state manifests itself as a legal regime.
2. The classification of legal secrets developed by the dissertation is based on their division according to the criteria of continuity (original and derivative secrets), scope (professional and other derivative secrets), method of forming the subject of secret (professional trusted and other professional secrets), method of handling the subject of secret (attorneys and other professionally trusted secrets). Attorney secrets, which are usually associated with the representation of the interests of the principal, are singled out in a special subgroup in the group of professionally trusted secrets.
3. The classification of legal secrets presented in the dissertation allows a systematic approach to determining the place of attorney-client secrecy in the hierarchy of legal secrets. Advocate secret refers to the type of derived secrets (since the information constituting a secret is transferred to the lawyer by the principal), the category of professional secrets (since it arises in connection with the performance of the lawyer's professional duties) and the group of professionally trusted secrets (since it cannot exist without a trust relationship between the lawyer and trustee) . Like any professionally trusted secret, a lawyer's secret implies a trusting nature of the relationship between a specialist (lawyer) and his principal, the existence of a system of guarantees and professional ethical standards, the protection of a certain set of private and public interests that make up its object. Attorney secrecy refers to the subgroup of trusted secrets allocated within this group. As a trusted secret, it is characterized by the fact that the confidential information that constitutes its subject is not only kept secret, but is used by the attorney (lawyer) in a hidden way in the process of professional communications with third parties, which is primarily due to the representation of the interests of the principal. Attorney secrecy reflects the essential features of legal secrets, but has its own specifics that distinguish it from similar attorney secrets. This specificity is manifested through the features inherent in its subject (subjects), object, subject, as well as through the features of its occurrence, action in time and termination.
4. Attorney secrecy is a state of prohibition of access to information constituting its content, through the establishment of a special legal regime. The legal regime is understood as a special order of legal regulation, expressed in a certain combination of legal means and creating the desired social condition and a specific degree of favorable or unfavorable to satisfy the interests of subjects of law.

Monographs

1. Pilipenko Yu.S. Attorney secrecy: theory and practice / Rev. E.V. Semenyako, I.L. Petrukhin. - M., 2009. - 13 pp.

2. Pilipenko Yu.S. Advocate secrecy: comments on disciplinary practice. - M., 2009. - 21 p.

3. Pilipenko Yu.S. Advocate secrecy: legislative, ethical, law enforcement aspects. - M., 2009. - 35 p.

Articles in peer-reviewed scientific journals recommended by the HAC

1. Pilipenko Yu.S. Guarantees for the preservation of attorney-client secrecy // Economy and Law, 2006, No. 8. - 0.4 pp.

2. Pilipenko Yu.S. Attorney secrecy // Law and Law, 2006, No. 1. - 0.3 pp.

3. Pilipenko Yu.S. Problems of the responsibility of lawyers for violation of attorney-client privilege // Economy and Law, 2009, No. 5. - 0.7 pp.

4. Pilipenko Yu.S. The subject of lawyer secrecy // Law and Law, 2009, No. 6. - 0.3 pp.

5. Pilipenko Yu.S. Some theoretical aspects of the institution of secrecy // State and Law, 2009, No. 7. - 0.8 pp.

6. Pilipenko Yu.S. Problems of protecting the confidentiality of communication between a lawyer and a principal // Law and Politics, 2009, No. 5. - 0.8 pp.

7. Pilipenko Yu.S. Principal immunity in the legal regime of attorney-client privilege // Economy and Law, 2009, No. 7. - 0.6 pp.

8. Pilipenko Yu.S. Lawyer's right to professional secrecy // Law and Law, 2009, No. 7. - 0.4 pp.

9. Pilipenko Yu.S. Legislation establishing the legal regime of attorney-client secrecy: common problems and ways to solve them // "Black holes" in Russian legislation, 2009, No. 8. - 0.6 pp.

10. Pilipenko Yu.S. To the question of the classification of legal secrets // Journal of Russian Law, 2009, No. 9. - 0.6 pp.

11. Pilipenko Yu.S. Lawyer secrecy // Business in law, 2009, No. 4. - 0.5 pp.

12. Pilipenko Yu.S. The rights of the principal in the provision of qualified legal assistance to him / / Business in law, 2009, No. 4. - 0.3 pp.

13. Pilipenko Yu.S. Attorney legal relationship in the mechanism for the implementation of the constitutional right to receive qualified legal assistance // Business in law, 2009, No. 4. - 0.3 pp.

Articles in collections, textbooks, collective monographs

1. Pilipenko Yu.S. Lawyer secrecy // Advocacy. State. Society. Collection of materials of All-Russian scientific and practical conferences, 2004–2005. - M., 2006. - 0.3 p.l.

2. Pilipenko Yu.S. The immunity of a lawyer as a condition for the confidentiality of his relationship with the principal // Advocacy. State. Society. Collection of materials of the IV All-Russian scientific and practical conference, 2007 - M., 2007. - 0.3 pp.

3. Pilipenko Yu.S. Actual problems of advocacy in the Russian Federation // legal business in Russia. Materials of the scientific-practical conference. - M., 2008. - 0.3 p.l.

4. Pilipenko Yu.S. Some aspects of the relationship between lawyers and law enforcement and court // Moral and dogma of a lawyer. Professional legal ethics / Ed. ed. I.L. Trunova. - M., 2008. - 0.8 p.l.

5. Pilipenko Yu.S. Rights, duties and responsibility of a lawyer in legal relations regarding professional secrecy // Advocate secret. Collection of materials / Compiled by N.M. Kipnis. - M., 2009. - 1.5 pp.

6. Pilipenko Yu.S. Concretization of the subject and limits of attorney-client secrecy in the legal positions of the disciplinary bodies of the chambers of attorneys of the constituent entities of the Russian Federation // Advocacy. State. Society. Collection of materials of the V All-Russian Scientific and Practical Conference, 2008 - M., 2008. - 0.2 pp.

7. Pilipenko Yu.S. Criteria for the ethical behavior of a lawyer when handling professionally significant information // Advocacy. State. Society. Collection of materials of the VI All-Russian Scientific and Practical Conference, 2009 - M., 2009. - 0.7 pp.

8. Pilipenko Yu.S. Obligations of a lawyer to observe professional secrecy // Advocacy. State. Society. Collection of materials of the VI All-Russian Scientific and Practical Conference, 2009 - M., 2009. - 1.1 pp.

Articles in scientific journals

1. Pilipenko Yu.S. Attorney secrecy as a guarantee of the right to defense // Lawyer, 2008, No. 4. - 0.4 p.p.

2. Pilipenko Yu.S. Features of professional secrets // Legislation and Economics, 2008, No. 3. - 0.5 pp.

3. Pilipenko Yu.S. Strict control of the advocacy // EJ-Jurist, 2008, No. 20. - 0.5 pp.

4. Pilipenko Yu.S. Big difference. To the question of the study of attorney-client secrecy // Lawyer News, 2009, Nos. 7-8, 9-10, 11-12. - 1.8 p.l.

5. Pilipenko Yu.S. The eternal question of the advocacy // Lawyer, 2009, No. 9. - 0.4 pp.

6. Pilipenko Yu.S. To the question of the study of lawyer secrecy // Nizhny Novgorod lawyer, 2009. No. 8. - 1.2 pp.

7. Pilipenko Yu.S. Criminal liability for violation of attorney-client secrecy // Simbirsk lawyer, 2009. No. 2. - 0.2 pp.

Publications in foreign editions

1. Pilipenko Yu.S. The main directions of the study of lawyer secrecy // Bulletin of the Advocacy of Ukraine, 2009, No. 9. - 0.7 pp.

2. Pilipenko Y. L´usage professionnel fait par l´avocat d´une information significative // ​​La Gazette du Palais, 2009, sept. - 0.3 p.l.

Yuri Sergeevich Pilipenko(born February 24, 1963, Fokino) - Russian lawyer of the Moscow Bar Association, Chairman of the Board of the Bar Association of the Law Firm "YUST", Doctor of Law, Professor of the Department of Advocacy and Notaries of the Moscow State Law University. O. E. Kutafina (Moscow State Law Academy), member of the Committee for the awarding of the National Prize in the field of advocacy and advocacy and the Committee for the awarding of lawyer awards. F. N. Plevako and the badge "Honorary Lawyer of Russia", co-chairman of the Board of Trustees of the Institute of Advocacy of the Moscow State Law University. O. E. Kutafina (MSLA), President of the Federal Chamber of Lawyers since 2015.

Biography

In 1990 he graduated with honors from the Russian University of Friendship of Peoples. P. Lumumba majoring in jurisprudence.

Doctor of Law.

Since 1991 - a lawyer, a member of the Moscow Regional Bar Association.

Since 2003 - Chairman of the Council of the Bar Association of the Moscow Region Law Firm "YUST".

Since 2005 - Member of the Council of the Federal Chamber of Lawyers of the Russian Federation.

Awarded the Order of the FPA of the Russian Federation "For fidelity to the lawyer's duty."

Since June 2013, he has been a guest of the U-turn and Legal Aspect programs at the Ekho Moskvy radio station.

President of the Federal Chamber of Lawyers

In the Federal Chamber of Lawyers of the Russian Federation since 2005 in the position of First Vice President, since January 14, 2015 - in the position of President.

He contributed to the formation and development of the Russian legal profession as a single independent self-governing professional corporation that ensures the rights of citizens guaranteed by the Constitution of the Russian Federation to receive qualified legal assistance, judicial protection and access to justice.

Coordinates the activities of the chambers of lawyers of the constituent entities of the Russian Federation, the Council of the RF Chamber of Lawyers and the Office of the Chamber of the RF Chamber of Lawyers, the holding of conferences, round tables and other events of the Chamber of Lawyers of the Russian Federation, the interaction of the Chamber of Lawyers of the Russian Federation with state authorities and public organizations, the international activities of the Chamber of Lawyers of the Russian Federation.

Contribution to the development of the Russian advocacy

Draft law "On Free Legal Aid in the Russian Federation"

Yury Sergeevich contributed to the development of the draft law on free legal aid, prepared by the Ministry of Justice of the Russian Federation jointly with the Federal Chamber of Lawyers of the Russian Federation, coordinates the work of regional bar associations to organize the participation of lawyers in the state system of free legal aid on the basis of the Federal Law "On Free Legal Aid in the Russian Federation".

Creation of an electronic case distribution system

Activities in the field of improving the system of participation of lawyers in court proceedings for the appointment of bodies of preliminary investigation and the court, as well as the development of legislation regulating the rates and the procedure for paying remuneration to lawyers for participating in the process by appointment. On his initiative, at the meeting of the Council of the Federal Chamber of Lawyers of the Russian Federation held on March 12, 2015, a working group was formed to create an electronic system for the distribution of cases by appointment, the introduction of which in the regional chambers of lawyers will contribute to the complete elimination of the possibility of cooperation between lawyers and the investigation, that is, solving the problem of the so-called "pocket cases" lawyers."

Regulation of issues of lawyer ethics

Yuri Sergeevich makes a significant contribution to the development of the regulation of issues of lawyer ethics. Led the working groups of the FPA RF on the preparation of amendments to the Code professional ethics lawyer, accepted in 2013 and 2015. VI and VII All-Russian Congresses of Lawyers. He is the chairman of the FPA RF Commission on Ethics and Standards, established in accordance with the decisions of the VII All-Russian Congress of Lawyers, whose activities are aimed at improving the quality of legal assistance provided by lawyers by determining the vector of a common understanding of lawyer ethics, developing common approaches to the application of the provisions of the Code of Disciplinary Liability, developing standards the legal profession and generalizations of the practice of their application.

A person

A matter of honor: an interview with the President of the Federal Chamber of Lawyers of the Russian Federation, Doctor of Law, Professor Yuri Sergeevich Pilipenko

Point of honor: interview with president of Federal chamber of advocates of Russian Federation Yury Sergeyevich Pilipenko

Business card

Yuri Sergeevich Pilipenko was born on February 24, 1963. In 1990 he graduated with honors from the University of Peoples' Friendship named after. Patrice Lumumba (currently - Peoples' Friendship University of Russia). Since 1991 - a lawyer, a member of the Moscow Regional Bar Association (currently - a lawyer of the Moscow Administration). Since 2003 – Chairman of the Council of the Bar Association of the Moscow Region “Law Firm “YUST” (currently – Moscow Bar Association “Law Firm “YUST”). Since 2005 - Member of the Council of the RFA. Since 2012 - First Vice-President of the FPA RF. On January 14, 2015, he was elected President of the FPA of the Russian Federation.

In 2001 he defended his dissertation for the degree of Candidate of Law Sciences on the topic “Judicial System of Switzerland”, in 2009 - the thesis for the degree of Doctor of Law on the topic “Attorney's Secrecy: Theory and Practice of Implementation”.

Co-Chairman of the Board of Trustees of the Moscow Advocacy Institute state university them. O.E. Kutafina (MSLA), Professor of the Department of Advocacy and Notaries of the Moscow State Law Academy, member of the Presidium of the Russian Academy of Advocacy and Notaries. Member of the Committee for the awarding of the National Prize in the field of advocacy and advocacy, the Committee for the awarding of lawyer awards. F.N. Plevako and the sign "Honorary Lawyer of Russia".

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- Hello, dear Yuri Sergeevich! On behalf of the Editorial Board of the international scientific and practical legal journal "Eurasian Advocacy", I congratulate you on your election as President of the Federal Chamber of Lawyers of the Russian Federation.

Thank you for taking the time for the interview. Let's start with the question of which of the cases carried out by you as a lawyer, you consider the most significant.

- In my lawyer's baggage - almost any case that a successful lawyer could handle. From defense by appointment in criminal proceedings to representing Russia's interests in international courts, from defending murderers to major bankruptcy cases. There were interesting cases about the return of cultural property and participation in the largest mergers and acquisitions. There were also those that are not worth talking about in vain. I do not undertake to single out the most significant among them - each is important in its own way.

But I can name the most memorable. This, of course, is the case of the State Emergency Committee, where I defended Vladimir Alexandrovich Kryuchkov, chairman of the KGB of the USSR. Vladimir Alexandrovich - may his memory be blessed - was the smartest, most intelligent person. And I was then a young lawyer, I was not yet thirty years old. Much later I read how he wrote about me in his memoirs: "young, but already smart." I appreciate his appreciation very much.

This case was a real school for me, because all the stars of the legal profession took part in it, including Henry Markovich Reznik, Genrikh Pavlovich Padva, Alexander Viktorovich Kligman and my patron Yuri Pavlovich Ivanov. It opened the doors to the legal world for me. Too much I then learned, saw, understood.

– In your dissertation for the degree of Doctor of Law “Attorney's Secret: Theory and Practice of Implementation”, you raised the most important problematic issues of advocacy and formulated valuable provisions for legal science and practice. In particular, you noted that lawyer immunity, which consists in the legal protection of a lawyer from the most dangerous infringements by third parties on the independence of a lawyer and his professional secrecy, includes a special procedure for bringing a lawyer to criminal liability, limiting the subject of a lawyer’s testimony, prohibiting access officials to professionally significant information of a lawyer. How do you rate state of the art protection of a lawyer and his professional secrecy? Do you, as the president of the FPA RF, plan to take any measures to improve the mechanisms for protecting the professional rights of lawyers?

– One of the most urgent directions of improving the mechanisms for guaranteeing the rights of lawyers and their principals is to ensure the effectiveness of such an institution as a lawyer's request.

Unfortunately, at present, the regulation does not allow lawyers to use it to the fullest extent, and in many ways it is, in fact, a fiction. This happens for two reasons. The first is that there is no normatively defined procedure for providing a response to a lawyer's request. Second, the law does not establish liability for an unlawful refusal to provide information at the request of a lawyer.

In practice, this leads to the fact that the bodies and organizations to which such requests are sent often do not provide lawyers with the information necessary to protect the rights of clients. Both the people whose interests are represented by lawyers and justice suffer from this. In particular, the principle of adversarial process is violated, because it is much easier for the investigating authorities to obtain relevant information than for the defense side. But it is impossible to bring to justice those responsible for the unlawful refusal to provide information at the request of a lawyer, since the legislation does not contain the relevant offenses. It turns out that formally the institution of a lawyer's request as a tool for protecting the rights of principals exists, but is practically not provided with anything, it has no guarantees.

Therefore, at present, the Ministry of Justice, with the participation of the FPA, is actively finalizing a bill aimed at eliminating gaps in the regulation of the institution of a lawyer's request. Its adoption will allow lawyers to more effectively use the tools provided by law to protect the rights of principals. As President of the Federal Chamber of Lawyers, I very much hope so and I am glad that our points of view on this problem coincide with the Ministry of Justice.

– As an expert in the field of judiciary and bearing in mind the topic of your Ph.D. thesis, I cannot but ask you this. For many years in Russia there has been a process of reforming legislation and the organizational foundations of judicial activity, and yet many recognize that these reforms, unfortunately, do not bring the intended results. What kind positive traits, inherent in the judicial system of Switzerland, in your opinion, could be taken into account and implemented in Russia?

- The judicial system of Switzerland, despite the small area of ​​the state, is very complex. The courts there are divided not only vertically - into the Federal Court and the courts of the cantons, but also horizontally - into ordinary and specialized ones. As you know, the cantons have historically had a fairly large autonomy in the field of regulation of the judiciary. In practice, this has led to a significant diversity of cantonal judicial systems, which has given rise to many problems. So, in this we should hardly be guided by the judicial system of Switzerland.

At the time of defending my Ph.D. thesis in Russia, there was a dualism of the highest federal judicial bodies: the Supreme and Higher Arbitration Courts operated in parallel. Now it has been eliminated, and we have come closer to the regulatory model that operates in Switzerland as well: there is one supreme Federal Court in the country. BUT best feature The judicial system of Switzerland, in my opinion, is the exclusive right of lawyers to judicial representation in civil and criminal cases. Free representation is allowed there only in disputes initiated at the level of the lower courts in the cantons. This is a civilized and absolutely justified approach, which has found application in the vast majority of European countries and WTO member states, which the Russian Federation has also joined. I hope that we will have to come to such a system.

- Recently there was information that some deputies State Duma The Federal Assembly of the Russian Federation proposes to introduce a ban on Russian state-owned companies to attract foreign firms to provide legal and other consulting services. According to the initiators of the bill, this will protect the state from foreign influence, and large state-owned companies from hidden manipulations. How do you feel about this legislative initiative, and will it help, if the relevant law is adopted, the development of the national legal profession?

- A ban on Russian state-owned companies from attracting foreign firms to provide legal and other consulting services would not mean a new opportunity for the development of the Russian legal profession, but a partial closure of the national legal services market.

Such restrictions, as is known, lead not to progress, but to the stagnation of the national legal profession, because in the absence of strong competitors, its representatives are deprived of incentives to improve their skills. As a result, the quality of legal services inevitably falls.

Foreign lawyers entered the Russian market in the 1990s, when there was a need for legal support for new economic structures. Russian lawyers and consultants from large domestic law firms have learned a lot from them and now, in terms of qualification, in my opinion, they are not inferior to them in anything. Nevertheless, foreign firms continue to occupy those sectors of the market where they were entrenched more than twenty years ago.

In relation to the domestic legal profession, they are in privileged competitive conditions. The activities of Russian lawyers are strictly regulated by national legislation, and there is only one restriction in relation to foreigners, and even in the context of the unregulated sphere of qualified legal assistance as a whole, it is purely formal. I am referring to the provision of the Federal Law “On Advocacy and Advocacy in the Russian Federation”, according to which lawyers of foreign states are required to register in a special register maintained by the Ministry of Justice and practice only according to the law of their state. A little over 80 lawyers are currently registered in this register.

But, along with foreign law firms, domestic companies and Russian citizens have been operating absolutely freely in the field of qualified legal assistance for a number of years, providing legal services. Neither qualification requirements, nor rules of professional ethics, nor disciplinary responsibility have been established for them. The level of many employees of small and medium-sized domestic law firms, and even more so individual practitioners, is very far from the high standards that lawyers of large Russian firms demonstrate.

In other words, outside the framework in which freedom is realized, the free market turns into a public one, which implies, among other things, the possibility of unseemly behavior.

In order to exclude this possibility, uniform, clear and transparent rules governing the scope of qualified legal assistance as a whole are needed. They should apply to domestic and foreign lawyers practicing in our country.

The establishment of such rules will create a healthy competitive environment, where the main advantages of a lawyer will be high qualifications and compliance with the rules of professional ethics. The basis for this can only be the union of Russian lawyers and legal consultants into a common corporation on the basis of lawyer status. Uniform qualification, professional and ethical standards and responsibilities will be established for its members, and rules will be provided for foreign lawyers that comply with Russia's international legal obligations.

This is the main meaning of the proposals of the Federal Chamber of Lawyers of the Russian Federation regarding the draft concept of regulation of the sphere of qualified legal assistance, developed within the framework of the State program "Justice".

– Recently, in various discussions and in the media, the issue of the adoption of professional standards is being actively discussed for the domestic advocacy. At the same time, for every lawyer in Russia, mandatory the federal law“On Advocacy and Advocacy in the Russian Federation” and the Code of Professional Ethics of a Lawyer, which contain a significant number of norms that actually establish certain standards of behavior for a lawyer in the course of professional activity. Hence the question: does the domestic legal profession still have its own standards or is it necessary to adopt some special, separate act on this matter, and if necessary, what general provisions should it contain?

– I consider the topic of developing professional standards for advocacy to be one of the most important today. At a meeting on March 12, the Council of the FPA decided to submit for consideration to the VII All-Russian Congress of Lawyers the issue of establishing the FPA RF Commission on Ethics and Standards, making appropriate changes to the Code of Professional Ethics of a lawyer and developing a list of standards.

Currently, in the practice of bar associations, there is a clear tendency to unify approaches to certain issues. It follows that the direction in which corporate self-regulation should develop is clearer regulation of advocacy and uniformity in the application of ethical standards. This will create conditions both for improving the quality of legal assistance and for effectively clearing the legal profession of unscrupulous and unskilled people.

The professional standards that are now being discussed, according to the Council of the FPA, should be rules for the application of the provisions of the Law on Advocacy and the Bar and the Code of Professional Ethics for Advocates, formulated on the basis of an analysis and generalization of the practice of chambers of advocates. And the norms of the Law and the Code in relation to them should be considered as general standards of advocacy and advocacy. They serve as general criteria on the basis of which the legal assistance provided by lawyers is defined as qualified. There are significant differences in the practice of applying some of them. In other words, the general qualification criteria in some cases, so to speak, are "blurred" in the process of implementation. It seems that in relation to the concept of “qualified legal assistance” contained in the Constitution, such uncertainty is unacceptable.

I can give examples of gaps in the current legislative regulation that can be filled by adopting corporate rules. For example, the Law on Advocacy and the Bar contains general provisions on the forms of legal entities, but does not regulate some particular issues. They can be regulated by a corporate act that establishes the standards for the activities of one or another form of legal education.

Or take Art. 8 of the Code of Professional Ethics, according to which a lawyer must honestly, reasonably, conscientiously, skillfully, principally and in a timely manner perform his duties, actively protect the rights, freedoms and interests of clients by all means not prohibited by law.

It is obvious that this rule contains only general approaches that, in relation to specific situations that arise, for example, in the process, can be interpreted in different ways. If we have standards that regulate certain actions of a lawyer in the process, these approaches will become more specific, and the practice of applying Art. 8 of the Code is one.

Of course, in relation to the procedural activities of a lawyer, only flexible, framework standards can be introduced that are applicable to a variety of practical situations and leave the lawyer free to choose the strategy and tactics of working on a case. But the line beyond which legal assistance ceases to be qualified must be clearly defined.

This function is performed, for example, by the recommendations approved by the Council of the Administration of the Udmurt Republic on the minimum duration of familiarization with the materials of a criminal case.

Practice failed and some others bar associations to the adoption and application of the recommendations, which are, in essence, professional standards in certain areas of activity of lawyers. Such recommendations are valid, for example, in the Krasnoyarsk Territory, Samara, Nizhny Novgorod, Ulyanovsk regions. Based on the generalization of existing experience, it is possible to develop uniform standards that will be applied in all chambers.

If the VII All-Russian Congress of Lawyers approves the Council's proposal mentioned above, a unified list of standards will be created that will cover the main "problem areas".

It seems that a special group should be made up of standards related to the application of disciplinary measures, and in the future a special list of violations leading to the deprivation of the status of a lawyer may be developed. As we know, in a number of chambers, they include, first of all, violation of the duty schedule as assigned. Fighting "pocket" lawyers is a matter of honor for us.

From what has been said, it follows that all the standards that should be adopted cannot be grouped in a single act. I believe that a general document on standards could contain a list of them and approaches to their creation, and each specific type of standards should be developed and adopted separately.

- And, the last. What can you wish our magazine?

– Relevant, informative materials on the topics of advocacy and advocacy in Russia and foreign countries, interesting authors, creative energy and attention of the readership.

- Thank you very much for the conversation!

Interviewed by candidate of legal sciences, associate professor, editor-in-chief of the journal "Eurasian Advocacy"

Biography

Since 1991 - a lawyer, a member of the Moscow Regional Bar Association.

Since 2003 - Chairman of the Council of the Bar Association of the Moscow Region Law Firm "YUST".

He was awarded the Order of the FPA of the Russian Federation "For fidelity to the lawyer's duty".

Since June 2013, he has been a guest of the U-turn and Legal Aspect programs at the Echo of Moscow radio station.

President of the Federal Chamber of Lawyers

He contributed to the formation and development of the Russian legal profession as a single independent self-governing professional corporation that ensures the rights of citizens guaranteed by the Constitution of the Russian Federation to receive qualified legal assistance, judicial protection and access to justice.

Regulation of issues of lawyer ethics

Yuri Sergeevich makes a significant contribution to the development of the regulation of issues of lawyer ethics. Led the working groups of the Federal Chamber of Lawyers of the Russian Federation on the preparation of amendments to the Code of Professional Ethics of Lawyers, adopted in 2013 and 2015. VI and VII All-Russian Congresses of Lawyers. He is the chairman of the FPA RF Commission on Ethics and Standards, established in accordance with the decisions of the VII All-Russian Congress of Lawyers, whose activities are aimed at improving the quality of legal assistance provided by lawyers by determining the vector of a common understanding of lawyer ethics, developing common approaches to the application of the provisions of the Code of Disciplinary Liability, developing standards the legal profession and summarizing the practice of their application.

Regulation of the provision of qualified legal assistance

Work in the field of improving the legislation governing the provision of qualified (professional) legal assistance in order to better ensure the constitutional rights of citizens, protect the rights, freedoms and interests of citizens and legal entities. In 2014, he led the working group of the Council of the FLA of the Russian Federation on the preparation of proposals by the FLA of the Russian Federation regarding the draft Concept for regulating the market of professional legal assistance provided for by the State program "Justice", sent to the Ministry of Justice of Russia. Participates in the activities of the interdepartmental working group, which, under the leadership of the Ministry of Justice of Russia, is preparing a draft of this Concept, as well as a draft law on amendments to the Federal Law "On Advocacy and the Bar in the Russian Federation" and other legislative acts.

Organization of systematic expert activities of the Federal Chamber of Lawyers of the Russian Federation

In order to improve legislative work in the field of increasing the legal protection of citizens and organizations, on his initiative, at a meeting of the Council of the Federal Chamber of Lawyers of the Russian Federation on April 21, 2015, a decision was made to organize systemic expert activities of the Federal Chamber of Lawyers of the Russian Federation. According to the agreements reached with a number of state bodies, all bills of great public importance are submitted to the Federal Chamber of Lawyers of the Russian Federation for examination. The institution of advisers to the FPA of the Russian Federation has been created - authoritative specialists who prepare opinions on these bills on issues within their competence. These documents on behalf of the Federal Chamber of Lawyers of the Russian Federation are sent to state authorities and published on the official website of the Federal Chamber of Lawyers of the Russian Federation () in the heading "").

Interaction of the Federal Chamber of Lawyers of the Russian Federation with the committees of the State Duma and the Federation Council of the Federal Assembly of the Russian Federation on the issues of improving the current legislation and law enforcement practice. Representatives of the Federal Chamber of Lawyers of the Russian Federation regularly participate in conferences and round tables, following which the relevant committees of the chambers of parliament prepare recommendations for the development of relevant areas of the legal system, aimed at ensuring and protecting the rights, freedoms and interests of citizens and legal entities, facilitating their access to justice. Thus, on April 24, 2015, the Committee of the Federation Council of the Federal Assembly of the Russian Federation on constitutional legislation and state building held with the participation of representatives of the Federal Assembly of the Russian Federation round table"Features of legislative regulation of the implementation of consulting and auditing activities foreign companies: Russian and foreign experience”, where the problems of the activities of foreign law firms in Russia were considered in relation to the regulation of the sphere of qualified (professional) legal assistance in general.

Cooperation of the Federal Chamber of Lawyers of the Russian Federation with the Council under the President of the Russian Federation

Actively develops cooperation between the Federal Chamber of Lawyers of the Russian Federation and the Council under the President of the Russian Federation for the development of civil society and human rights (HRC), within the framework of which a number of important programs aimed at expanding the participation of lawyers in the activities of state and non-state human rights organizations, increasing the legal protection of citizens. Thus, on March 31, 2015, the Human Rights Council, with the participation of the Federal Chamber of Lawyers of the Russian Federation, held a special meeting “The Role of the Bar in Human Rights Activities”, which discussed, among other things, issues of regulating the provision of qualified (professional) legal assistance, strengthening the legal status, and protecting the professional rights of lawyers. Based on the results of the analysis of the discussion, the permanent commissions of the HRC on judicial reform and precedent cases prepare recommendations that will be adjusted taking into account the comments of the FPA of the Russian Federation, and then put to the vote of the Council and submitted to the President of the Russian Federation. With the active participation of the FPA of the Russian Federation and the HRC, the first national human rights forum "Advocacy and Civil Society" is being held, dedicated to topical issues of protecting the rights of citizens in the Russian Federation, significant issues in the development of the legal profession and other institutions of civil society, the human rights community, as well as their interaction with public authorities .