Approved by the Federation Council 15 May 2002
List of amendments
(as enacted by Federal Laws of 28.10.2003, No 134-FZ,
of 22.08.2004 No 122-FZ, and of 20.12.2004, No 163-FZ,
of 24.07.2007 No 214-FZ, and of 23.07.2008, No 160-FZ,
of 11.07.2011 No 200-FZ, and of 21.11.2011, No 326-FZ,
of 02.07.2013 No 185-FZ, and of 13.07.2015, No 268-FZ,
as revised by the Federal Law of 03.12.2007, No 320-FZ)
Chapter 1. GENERAL
Article 1. Practice of law
1. The practice of law is professional legal counselling provided by persons who have qualified as a lawyer in the manner prescribed hereby to individuals and legal entities (hereinafter referred to as clients) in order to protect their rights, freedoms and interests, as well as enable access to public justice.
2. The practice of law is not a business.
3. The practice of law does
not include legal assistance rendered by:
the staff of legal departments of legal entities (hereinafter referred to as
entities), or the staff of central and local authorities;
the shareholders and staff of corporate providers of legal services,
or individualny predprinimatels [sole traders];
notaries, patent agents, except where a lawyer serves as a patent agent, or by
other persons who are expressly authorized by law to engage in their
professional activities.
4. Nor does this Federal Law apply to authorities and persons that provide representation by operation of law.
Article 2. Lawyer
1. A lawyer is a person who has qualified in the manner prescribed hereby as a lawyer and is entitled to engage in the practice of law. The lawyer is an independent legal counsel. The lawyer may not enter employment other than in academic and other creative contexts, or to hold public office in the Russian Federation, public office in Subject of the Russian Federations, or central and local government positions.
A lawyer may serve concurrently as the head of a legal practice and in elected positions at the bar association of a Subject of the Russian Federation (hereinafter also referred to as a bar association), Russian Federal Bar Association of the Russian Federation (hereinafter also referred to as the Russian Federal Bar Association), and Russian national and international non-governmental legal associations.
(cl. 1 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
2. In the context of providing
legal assistance, the lawyer shall:
1) give advice and opinions on legal matters either orally or in writing;
2) draft applications, complaints, petitions and other legal paperwork;
3) represent a client in constitutional proceedings;
4) take part as a client's representative in civil and administrative court
proceedings;
5) take part as a client's representative or defender in criminal and
administrative offence proceedings;
6) take part as a client's representative in proceedings before an arbitration
tribunal, international commercial arbitration tribunal (court) and other
conflict resolution authorities;
7) represent a client before central and local authorities, non-governmental
associations and other organizations;
8) represent a client before public authorities, courts and law enforcement
agencies in foreign jurisdictions, international judicial authorities and
non-governmental entities in foreign jurisdictions, unless otherwise provided
for by the legislation of foreign jurisdictions, constituent instruments of
international judicial authorities and other international organizations or
treaties of the Russian Federation;
9) take part as a client's representative in enforcement proceedings, as well
as in the administration of criminal punishment;
10) serve as a client's representative in tax matters.
3. The lawyer shall be entitled to provide such other legal assistance as is not forbidden by federal law.
4. Representation of organizations, central and local authorities in civil and administrative court proceedings and administrative offence proceedings is only available to lawyers, except where this is the responsibility of employees of said organizations and central and local authorities, unless otherwise provided for by federal law.
5. Foreign jurisdiction lawyers can provide legal assistance within the Russian Federation in the context of law of the foreign jurisdiction.
Foreign jurisdiction lawyers are barred from providing legal assistance within the Russian Federation in matters involving state secrets of the Russian Federation.
6. Foreign jurisdiction lawyers who practice law within the Russian Federation shall be registered by the federal executive authority for justice (hereinafter referred to as the federal justice agency) on a special register, to be maintained as prescribed by the competent federal executive authority.
(as rev. by the Federal Law of 23.07.2008, No 160-FZ)
It is forbidden for foreign jurisdiction lawyers to practice law within the Russian Federation unless registered on the said register.
Article 3. The Bar and the government
1. The Bar is the community of lawyers and, as a civic institution, is not part of the system of central and local governments.
2. The Bar is subject to the principles of rule of law, independence, self-governance, corporate rules of conduct, as well as the principle of equality of lawyers.
3. With a view to ensuring the availability of legal assistance to the public and facilitating the practice of law, the public authorities shall put in place safeguards for the independence of the Bar, provide funding for lawyers rendering legal assistance to citizens of the Russian Federation free of charge where provided for by the law of the Russian Federation, as well as making working space and communications facilities available to legal practices as necessary.
4. Each lawyer is guaranteed the social security benefits available to citizens under the Constitution of the Russian Federation.
Article 4. Legislation on the practice of law and the Bar
1. The legislation on the practice of law and the Bar is based on the Constitution of the Russian Federation and comprises this Federal Law, other federal laws, regulations enacted in furtherance of federal laws by the Government of the Russian Federation and the federal regulators in this area, as well as laws and other regulations enacted by Subject of the Russian Federations within the jurisdiction defined hereby.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
2. Adopted in the manner prescribed hereby, a code of ethics of the Bar lays down the rules of conduct binding upon every lawyer when practicing law, as well as the grounds and procedure for holding a lawyer to account.
(cl. 2 introduced by the Federal Law of 20.12.2004, No 163-FZ)
Article 5. Use of the terms employed herein
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
The terms "practice of law", "the Bar", "lawyer", "bar association", "legal practice", "legal clinic" or phrases incorporating these terms may only be used in the names of entities and NGOs by lawyers and organizations established in the manner prescribed herein.
ConsultantPlus: note.
The Federal Law of 28.07.2004, No 88-FZ, Federal Law of 07.08.2001 No 115-FZ, "On Countering the Legitimization (Laundering) of Illegal Earnings and the Financing of Terrorism", expanded to include Article 7.1, which establishes the rights and duties of lawyers where managing transactions involving money or other property on behalf or at the direction of their client.
Chapter 2. RIGHTS AND DUTIES OF LAWYER
Article 6. Powers of lawyer
1. The powers of a lawyer taking part as a client's representative in constitutional, civil and administrative court proceedings, and as a client's representative or defender in criminal and administrative offence proceedings are subject to the applicable procedural law of the Russian Federation.
2. Where provided by federal law, the lawyer must have a mandate, issued by the legal practice involved. The form of mandate shall be approved by the federal justice agency. Otherwise, the lawyer shall represent a client under a power of attorney. No one may demand that a lawyer and his client provide a legal services agreement (hereinafter also referred to as an agreement) for the lawyer to join the case.
3. The lawyer shall be
entitled to:
1) collect the information necessary for the provision of legal assistance, and
specifically to request statements, references and other documents from central
and local authorities, as well as NGOs and other entities. Said authorities and
organizations are required to provide the lawyer under the statutory procedure
with the documents requested by him or certified copies thereof within a
month's time of receiving the lawyer's request;
(par. 1 as rev. by. the
Federal Law of 20.12.2004, No 163-FZ)
2) interview, subject to their consent, any persons believed to have
information germane to the case in which the lawyer is providing legal
assistance;
3) collect and provide objects and documents that may be deemed to be physical
and other evidence in the manner prescribed by the laws of the Russian
Federation;
4) to contract experts to elucidate matters related to the provision of legal
assistance;
5) meet with their client in private unopposed in confidential surroundings
(including when held in custody), with no limit on the number or duration of
visits;
6) document (including technologically) the contents of the file on the case in
which the lawyer is providing legal assistance, with due regard for state and
other legally protected secrets;
7) do other things not prohibited by the law of the Russian Federation.
4. The lawyer may not:
1) undertake to do anything patently illegal for a person seeking legal
assistance from him;
2) agree to do what a person seeking legal assistance from him asks him where
he:
is personally involved in the subject matter of an agreement with a client and
is in a conflict of interest with the person;
was involved in the case as a judge, umpire or arbitrator, mediator, procurator,
investigator, investigative inquiry officer, expert, specialist or interpreter,
is an injured party or witness in the case, or if he was an official empowered
to make a decision in favour of the person;
is related by blood or marriage to an official who was or is involved in an
investigation or hearing of the person's case;
renders legal assistance a client whose interests are at variance with those of
the person;
3) act in a case against the wishes of a client, except where the lawyer is
convinced that the client has given a false confession;
4) state publicly that a client's guilt has been proven if the latter denies
it;
5) breach legal profession privilege;
6) withdraw from representation.
5. The lawyer is forbidden from colluding with the police.
Article 7. Duties of lawyer
1. The lawyer is required
to:
1) honestly, reasonably and in good faith uphold the rights and legitimate
interests of a client using all means available under the law of the Russian
Federation;
2) comply with the statutory requirements for a lawyer's involvement in
criminal proceedings as a counsel for the defense when appointed by
investigative inquiry authorities, preliminary investigation authorities or
court, as well as rendering legal assistance to citizens of the Russian
Federation free of charge where provided for by this Federal Law;
(as rev. by Federal Laws of 20.12.2004, No 163-FZ, and of 24.07.2007, No
214-FZ)
3) continually improve his knowledge and qualifications;
4) comply with the code of ethics of the Bar and the decisions made by
authorities of the bar association of Subject of the Russian Federation and of
the Russian Federal Bar Association of the Russian Federation within their
purview;
(par. 4 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
5) monthly pay from fees received contributions to the general expenses of the
bar association in the manner and amounts to be determined by a meeting
(conference) of lawyers of the bar association of the Subject of the Russian
Federation as applicable (hereinafter referred to as a meeting (conference) of
lawyers), as well as paying contributions to the upkeep of the sole legal
proprietorship, the legal association or the law firm involved in the manner
and amounts specified by the legal practice;
(par. 5 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
ConsultantPlus: note.
The Federal Law of 03.12.2007, No 320-FZ, has suspended paragraph 6, clause 1, article 7 until the effective date of the federal law governing compulsory insurance of professional liability of lawyers.
6) take out professional liability insurance.
2. The lawyer shall be liable as provided for herein for non-performance or improper performance of his professional responsibility.
Article 8. Legal profession privilege
1. Legal profession privilege covers any details of the legal assistance provided by a lawyer to his client.
2. A lawyer may not be summoned and examined as a witness about any circumstances that he may become aware of in the context of legal assistance sought from or rendered by him.
3. Investigations and investigative inquiries into a lawyer (including in residential and office space used by them for the practice of law) shall be subject to court order.
No information, objects or documents obtained in the context of investigations or investigative inquiries (including after the lawyer's suspension or disbarment) may be used as evidence by the prosecution if sourced from the lawyer's client files. The above restrictions do not apply to instruments of crime or to statutorily banned or restricted items in the Russian Federation.
Chapter 3. LAW LICENCE
Article 9. Admission to practice law
1. A law license in the
Russian Federation is available to a person with a law degree obtained in a
government-accredited course or a postgraduate law degree. Said person must
also have at least two years of practice of law or have completed his
apprenticeship in a legal practice within the time limits set by this
Federal Law.
(as rev. by the Federal Law of 02.07.2013, No 185-FZ)
For persons whose law degree is their first undergraduate degree, the length of
practice of law shall be measured from their graduation at the earliest.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ, rev. by the
Federal Law of 02.07.2013, No 185-FZ)
2. Ineligible for a law
license and the practice of law are those:
1) declared legally incapable or impaired under the statutory procedure of the
Russian Federation;
2) with unspent or unexpunged conviction for a premeditated crime.
3. The decision to grant a law licence shall be made by the qualification
commission of a bar association of a Subject of the Russian Federation
(hereinafter referred to as the qualification commission) after the aspiring
lawyer (hereinafter also referred to as the aspirant) has passed the bar
exam.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
4. The length of practice of law required for a law licence shall include
service:
1) as a judge;
2) in public office that requires a law degree with the federal and state
governments of the Russian Federation and other public authorities;
3) in positions that required a law degree with the public authorities of the
USSR, the RSFSR and the Russian Federation that were based within the Russian
Federation and predated the promulgation of the current Constitution of the
Russian Federation;
4) in municipal positions that require a law degree;
5) in positions that require a law degree with the offices of Judicial
Department of the Supreme Court of the Russian Federation;
6) in positions that require a law degree with corporate legal
departments;
7) in positions that require a law degree with research establishments;
8) as a law teacher at vocational education establishments, higher education
establishments and research establishments;
(as rev. by the Federal Law of 02.07.2013, No 185-FZ)
9) as a lawyer;
10) as a paralegal;
11) as a notary.
5. The lawyer shall be entitled to practise law throughout the Russian Federation with no additional permit.
6. Foreign nationals and stateless persons who have been granted a law licence in the manner prescribed herein shall be allowed to practise law throughout the Russian Federation unless otherwise provided by federal law.
Article 10. Qualification for bar exam
1. A person meeting the
requirements of clauses 1 and 2, article 9 hereof shall be entitled to apply to the qualification
commission of a bar association of the Subject of the Russian Federation for a
law licence.
(cl. 1 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
2. The aspirant shall file an application with the qualification commission complete with a copy of his identity document, an autobiographical form, a copy of workbook or other document evidencing the length of practice of law, a copy of an undergraduate or graduate law degree, as well as other documents where provided for by the legislation on lawyering and lawyers.
Misrepresentation can be cause for denial of bar exam to an aspirant.
3. Qualification commission if necessary shall within two months arrange the verification of the aspirant's paperwork and disclosures. In this context, the qualification commission shall be entitled to request that the competent authorities verify or confirm the paperwork and disclosures. The authorities are required to notify the qualification commission of the results of verification of paperwork and disclosures or confirm their accuracy within a month of receiving the qualification commission's request.
4. The verification completed, the qualification commission shall make a decision on whether to allow the aspirant to take the bar exam.
5. No aspirant may be denied the bar exam other than for reasons provided herein. A denial of bar exam can be contested in a court of law.
Article 11. Bar exam
1. The bar exam and aspirant knowledge testing policy as well as a list of questions for aspirants shall be developed and approved by the council of the Russian Federal Bar Association.
2. The bar exam consists of written answers to questions (test) and an interview.
3. An aspirant who fails the bar exam may not retake the bar exam as prescribed hereby earlier than in a year.
(cl. 3 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
Article 12. Admission to practice law
1. The qualification commission shall within three months of the date that the aspirant filed an application for a law license make the decision to grant or deny a law license to the aspirant.
The qualification commission's decision to grant a law license to the aspirant shall come into effect on the date that the aspirant takes the lawyer's oath.
2. The qualification commission may not deny a law license to an aspirant who passes the bar exam, except where circumstances come to light after the passing of bar exam that would have meant disqualification for bar exam. In such cases, the denial of law license can be contested in a court of law.
3. A law license shall be granted to the aspirant for life.
Article 13. The lawyer's oath
1. An aspirant who passes the
bar exam shall take, in the manner prescribed by the bar association, the
following oath:
"I solemnly swear that I will honestly and in good faith perform the
duties of lawyer, protect the rights, freedoms and interests of clients
pursuant to the Constitution of the Russian Federation, the law and the code of
ethics of the Bar."
2. As of the day of the oath, the aspirant shall be licensed to practice law and admitted to the bar.
Article 14. Registers of lawyers
1. The federal justice agency's field office (hereinafter referred to as local justice office) shall keep a register of lawyers of the Subject of the Russian Federation (hereinafter referred to as state register).
2. The local justice office shall annually, on or before 1 February, send a copy of the state register to the bar association. Any amendments to the state register shall be notified by the local justice office to the bar association of the Subject of the Russian Federation involved within 10 days of the date of the amendments.
3. The state register management procedure shall be determined by the federal justice agency.
Article 15. Entry of lawyer's details into the state register
1. The aspirant's admission to practice law shall be notified by the qualification commission within seven days of the decision to this effect to the local justice office, which shall within one month of receiving the notice enter the lawyer's details into the state register and issue the lawyer with a certificate to this effect.
2. The form of certificate shall be approved by the federal justice agency. The certificate shall specify the lawyer's last name, first name and patronymic and registration number in the state register. The certificate must have the lawyer's photograph, authenticated with the seal of the local justice office.
3. The certificate is the only
documentary evidence of admission to practice law, except as provided for
in clause 5 hereof.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
A lawyer who has been
suspended or disbarred is required, following the bar council's decision to
this effect, to surrender his certificate to the local justice office that
issued the certificate.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
4. A lawyer can be a member of a bar association of only one Subject of the Russian Federation at the same time, with his details entered on one state register only. The lawyer may be a member of only one legal practice formed hereunder.
5. A lawyer who decides to move his bar membership to another state in the Russian Federation shall notify this by registered letter to the council of the bar (hereinafter also referred to as bar council or council) with which he is affiliated in the Subject of the Russian Federation.
The council shall notify the lawyer's decision to the local justice office within ten days of receiving the lawyer's notice. Should the lawyer have any arrears of contributions to the bar association, the council need not send said notice until the lawyer has settled the arrears in full.
The local justice office shall remove the lawyer's details from the state register within one month of receiving the council's notice. In this context the lawyer is required to surrender his certificate to the local justice office. In exchange for the certificate surrendered by the lawyer, the local justice office shall issue the lawyer with a document evidencing his admission to practice law. The document shall specify the dates that the lawyer's details are entered on and removed from the state register. The lawyer is required within one month of the removal of his details from the state register to notify this by registered letter to the council of the Subject of the Russian Federation's bar he wishes to join.
The bar council of the Subject of the Russian Federation involved shall within one month of receiving the notice from the lawyer verify the lawyer's details and shall pass a resolution admitting him to the bar association. The council shall notify the resolution to the local justice office and the lawyer within ten days of the resolution.
The local justice office shall
within one month of receiving the council's notice enter the lawyer's details
into the state register and issue the lawyer with a new certificate.
(cl. 5 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
6. The lawyer is required to
notify the bar council of the form of legal practice chosen by him within three
months of the date of his admission to practice law or the entry of his details
in the state register after his change of bar association or readmission to the
practice of law.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
7. A refusal to enter a lawyer's details into a state register or to issue a certificate to a lawyer within the time limits specified in this Federal Law can be challenged in a court of law.
8. The procedure for a lawyer
to move his bar membership to another state in the Russian Federation shall be
put in place by the council of the Russian Federal Bar Association.
(cl. 8 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
Article 16. Suspension of law license
1. A law license shall be
suspended for the following reasons:
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
1) the lawyer is elected to public office (for the term of office);
2) the lawyer is unable to perform his professional duties for more than six
months;
3) the lawyer is drafted into military service;
4) the lawyer is declared missing in the manner prescribed by federal law.
2. In the event that a court orders a lawyer to be committed, the court can consider suspending the lawyer.
3. Suspension of law license shall make the lawyer no longer eligible for the safeguards provided for hereby, except for those provided for in clause 2, article 18 hereof.
3.1. A lawyer who has been
suspended may not practice law or hold elected office with a bar association or
the Russian Federal Bar Association. A breach of this clause is punishable by
disbarment.
(cl. 3.1 introduced by the Federal Law of 20.12.2004, No 163-FZ)
4. A decision to suspend a lawyer shall be made by the council of a bar in the Subject of the Russian Federation on whose state register the lawyer's details are entered.
5. If the grounds provided for
in clauses 1 and 2 hereof no longer apply, the suspension shall be lifted by resolution
of the suspending council in response to a personal application from the
suspended lawyer.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
5.1. The bar council's
decision to suspend or deny reinstatement to a lawyer can be contested in a
court of law.
(cl. 5.1 introduced by the Federal Law of 20.12.2004, No 163-FZ)
6. The bar council shall
within ten days of suspending or reinstating a lawyer notify the local justice
office thereof in writing for the entry of the relevant details into the state
register, as well as the suspended or reinstated lawyer, except where suspended
on the grounds provided for in paragraph 4, clause 1 hereof, and the legal practice where the
person practiced law.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
The local justice office shall enter the suspension or reinstatement details into the state register within 10 days of receiving said notice.
Article 17. Disbarment
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
1. A lawyer shall be disbarred
by the council of a bar in the Subject of the Russian Federation on whose state
register the lawyer's details are entered for the following reasons:
1) the lawyer files a disbarment request with the bar council;
2) the lawyer is declared incapable or impaired by a court order that has
become final;
3) the lawyer dies or a court order declaring him dead becomes final;
4) a judgment finding the lawyer guilty of a premeditated crime becomes
final;
5) circumstances are discovered that fall under clause 2, article 9 hereof;
6) a breach of clause 3.1, article 16 hereof.
2. A lawyer can be disbarred
by resolution of the council of a bar in the Subject of the Russian Federation
on whose state register the lawyer's details are entered based on the
qualification commission's finding where:
1) the lawyer is in breach of his professional duties to a client;
2) the lawyer is in breach of the code of ethics of the Bar;
3) the lawyer fails to comply with the decisions of the bar authorities made
within their purview;
4) misrepresentations are discovered in the disclosures made to the
qualification commission in compliance with the requirements of clause 2, article 10 hereof;
5) no details of the form of legal practice chosen by the lawyer are received
by the bar association within four months of the date of the circumstances
provided for in clause 6, article 15 hereof.
3. A lawyer who has been disbarred may not practice law or hold elected office with a bar association or the Russian Federal Bar Association. A breach of this clause is punishable under federal law.
4. The decision made pursuant to clauses 1 and 2 hereof shall be within ten days notified by the council in writing to the disbarred lawyer, except where disbarred on the grounds provided for in paragraph 3, clause 1 hereof, to his legal practice, as well as to the local justice office, which shall make the necessary changes to the state register.
5. The bar council's decision made on the grounds provided for in clauses 1 and 2of this article can be contested in a court of law.
6. The local justice office in possession of details of the circumstances that give cause for disbarment shall send a disbarment petition to the bar association. In the event that the bar council fails to review the petition within three months of receipt, the local justice office shall be entitled to file a disbarment action.
Article 18. Safeguards for the independence of the Bar
1. There must be absolutely no interference with or obstruction of the practice of law conducted in the law-abiding manner.
2. The lawyer may not be held liable in any way (including after suspension or disbarment) for any opinion expressed by him during the practice of law, unless the lawyer is found guilty by final judgment of a criminal act (omission).
The above restrictions do not apply to a lawyer's civil liability to a client hereunder.
3. It is forbidden to solicit from lawyers or the staff of legal practices, bar associations or the Russian Federal Bar Association details of legal assistance rendered in specific cases.
4. The lawyer, his family and their property are under the protection of the government. The police are required to take the measures necessary to ensure the safety of the lawyer, his family and their property.
5. Criminal proceedings against a lawyer shall be subject to the safeguards provided for the lawyer under the criminal procedure legislation.
ConsultantPlus: note.
Under the Federal Law of 03.12.2007, No 320-FZ, lawyers need not arrange professional liability insurance until the effective date of the federal law governing compulsory insurance of Lawyer’s professional liability.
Article 19. Lawyer’s professional liability insurance
The lawyer shall arrange under federal law insurance against the risk of his professional liability for a breach of a legal services agreement made with a client.
Chapter 4. ORGANIZATION OF LAWYERING AND THE BAR
Article 20. Forms of legal practice
1. There are the following forms of legal practice: sole legal proprietorship, legal association, law firm and legal clinic.
2. The lawyer has hereunder discretion to choose the form of legal practice and where to practice law. The lawyer is required to notify the chosen form and location of legal practice to the bar council in the manner prescribed herein.
3. Where provided for in article 24 hereof, the lawyer shall practice law in a legal clinic.
Article 21. Sole legal proprietorship
1. A lawyer who elects to practice law as a sole practitioner shall form a sole legal proprietorship.
2. Having formed a sole legal proprietorship, the lawyer shall send the bar council a notice by registered letter, specifying the lawyer's details, the location of the proprietorship and contact information for telephone, telegraph, postal and other communications between the bar council and the lawyer.
3. A sole legal proprietorship is not a legal entity.
4. The sole legal practitioner opens bank accounts in the statutory manner, has a seal, stamps and letterheads with the address and name of the sole legal proprietorship, complete with a reference to the Subject of the Russian Federation where the sole legal proprietorship is formed.
5. Legal services agreements of a sole legal proprietorship shall be made between the lawyer and a client and shall be registered in the records of the proprietorship.
6. The lawyer shall be entitled to use for purposes of sole legal proprietorship living space owned by him or members of his family, with the consent of the latter.
7. Any living space occupied by the lawyer and members of his family under a lease can be used by the lawyer for purposes of sole proprietorship with the consent of the lessor and all adult cohabitants of the lawyer.
Article 22. Legal association
1. Two or more lawyers shall be entitled to form a legal association.
2. A legal association is a non-profitorganization based on membership and operating under its charter, established by its incorporators (hereinafter also referred to as charter), and the pre-incorporation contract made by them.
3. A legal association can be incorporated by lawyers whose details are entered into one state register only.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
4. In the pre-incorporation contract the incorporators shall determine the arrangements for transferring their property to the legal association, the procedure for participating in its activities, the arrangements for admitting new members to the legal association, the rights and duties of the incorporators (members) of the legal association, and the arrangements for the withdrawal of incorporators (members) therefrom.
5. The charter must have the
following content:
1) the name of the legal association;
2) the location of the legal association;
3) the scope and objectives of the legal association's activities;
4) the source of assets of the legal association and the ways of using same
(including a common pool, if any, and ways of using same);
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
5) governance of legal association;
6) details of the legal association's branches;
7) the procedure for the restructuring and liquidation of legal
association;
8) the procedure for amending the charter;
9) other provisions compliant herewith and with other federal laws.
6. The requirements of the pre-incorporation contract and the charter shall be binding on the legal association itself and its incorporators (members).
7. The incorporation,
restructuring or liquidation of legal association shall be notified by its
incorporators to the bar council by registered letter. The notice of
incorporation or restructuring of legal association must specify the details of
the lawyers practicing law in the legal association, the location of the legal
association, and contact information for telephone, telegraph, postal and other
communications between the bar council and the legal association. The notice
must have attached thereto notarized copies of the pre-incorporation contract
and charter.
(cl. 7 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
8. A legal association shall be deemed incorporated upon its public registration. The public registration of legal association, as well as the entry of record of its liquidation in the unified national register of legal entities shall be subject to the provisions of the federal incorporation act.
9. The legal association is a legal entity, has a stand-alone balance sheet, opens bank accounts in accordance with the legislation of the Russian Federation, has a seal, stamps and letterheads with the address and name of the legal association, complete with a reference to the Subject of the Russian Federation where the legal association is incorporated.
10. The legal association shall be entitled to set up branches throughout the Russian Federation, as well as in foreign jurisdictions, if provided for by the legislation of the foreign jurisdiction.
The legal association shall notify branch opening or closure by registered letter to the council of the bar in the Subject of the Russian Federation where the legal association is incorporated, as well as to the council of a bar in the Subject of the Russian Federation where the legal association's branch is opened. The notice of opening of the legal association's branch must specify the details of the lawyers practicing law in the legal association, the location of the legal association and its branch, and contact information for telephone, telegraph, postal and other communications between the bar council and the legal association and its branch. The notice must have attached thereto notarized copies of resolutions to set up the legal association's branch and of the branch charter.
The lawyers who practice law in the legal association's branch are members of the legal association that has set up the branch.
The details of the lawyers practicing law in the legal association's branch shall be recorded in the state register of the Subject of the Russian Federation where the branch is opened.
The details of the lawyers
practicing law in the legal association's branch established in a foreign
jurisdiction shall be recorded in the state register of the Subject of the
Russian Federation where the legal association is incorporated.
(cl. 10 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
11. The assets provided by a legal association's incorporators as contributions shall be its property.
12. Members of a legal association may not be held liable for its debts; a legal association may not be held liable for the debts of its members.
13. Under the laws of the Russian Federation, a legal association is a tax agent for the lawyers who are its members in respect of the income earned by them in the practice of law, as well as their representative in the settlement of accounts with clients and third parties and in such other matters as may be provided by the legal association's instruments of incorporation.
The legal association is
required to notify the bar association of any change in the list of its
affiliated lawyers.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
14. The legal association shall be held accountable under the legislation of the Russian Federation for non-performance or improper performance of the duties of tax agent or representative.
15. The legal association's legal services agreements shall be made between a lawyer and a client and shall be registered in the records of the legal association.
16. Nothing in this article may be construed as limiting the lawyer's independence in providing representation for a client or his professional liability to the latter.
17. A legal association may not transform into a business or any other non-profitorganization, save where a legal association transforms into a law firm in the manner set out in article 23 hereof.
18. The incorporation, operation and liquidation of a legal association shall be subject to the rules put in place for non-profit partnerships by the Federal Non-Profit Organization Act, where not at variance herewith.
Article 23. Law firm
1. Two or more lawyers shall be entitled to form a law firm.
2. The formation and operation of a law firm shall be subject to the rules of article 22 hereof unless otherwise provided for in this article.
3. The lawyers forming a law
firm shall enter into a partnership agreement in writing. Under the partnership
agreement, the partner lawyers undertake to pool their efforts to provide legal
assistance on behalf of all partners. The partnership agreement is not required
for the public registration of a law firm.
(as rev. by Federal Laws of 20.12.2004, No 163-FZ, and of 11.07.2011, No
200-FZ)
4. The partnership agreement
shall specify:
1) the term of partnership agreement;
2) the procedure for decision-making by partners;
3) the procedure for electing a managing partner and his remit;
4) other key arrangements.
5. The law firm shall be managed by the managing partner, unless otherwise provided for in the partnership agreement. A legal services agreement with a client shall be made by the managing partner or another partner on behalf of all partners based on the powers of attorney granted by them. The powers of attorney shall list all limits of the remit of the partner entering into agreements and transactions with clients and third parties. The above limits shall be notified to the clients and third parties.
6. A partnership agreement
shall terminate for the following reasons:
1) expiration of the term of the partnership agreement;
2) disbarment or suspension of a partner unless the partnership agreement
provides for the agreement to remain in effect for the other partners;
3) termination of the partnership agreement upon request by a partner, unless
the partnership agreement provides for the agreement to remain in effect for
the other partners.
7. Upon termination of the partnership agreement, its participants shall be jointly and severally liable for the partnership's outstanding liabilities to clients and third parties.
8. Upon a partner's withdrawal from the partnership agreement, he is required to surrender all of his cases to the managing partner.
9. A lawyer who has withdrawn from a partnership agreement shall be liable to clients and third parties for the partnership's liabilities incurred during the period of his participation in the partnership agreement.
10. Nothing in this article may be construed as limiting the lawyer's independence in providing representation for a client or his professional liability to the latter.
11. A law firm may not transform into a business or any other non-profitorganization, save where a law firm transforms into a legal association.
12. Following the termination
of the partnership agreement, the lawyers shall be entitled to make a new
partnership agreement. If no new partnership agreement is made within a month
of the termination of the prior partnership agreement, then the law firm shall
transform into a legal association or wind up.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
After the termination of partnership agreement, the lawyers may not make any legal services agreement until the law firm has transformed into a legal association or a new partnership agreement has been made.
Article 24. Legal clinic
1. Where the total number of
lawyers in all legal practices in a judicial district is fewer than two per
federal judge, the bar association shall establish a legal clinic if requested
by a government agency of the Subject of the Russian Federation.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
2. The legal clinic is a non-profitorganization.
The incorporation, reorganization, transformation, liquidation and operation of
a legal clinic shall be subject to the Civil Code of the Russian Federation, to
the Federal Non-Profit Organization Act and hereto.
(as rev. by the Federal Law of 13.07.2015, No 268-FZ)
3. A request by a government
agency of a Subject of the Russian Federation to set up a legal clinic must
specify:
1) the judicial district where the legal clinic is to be set up;
2) the number of judges in the judicial district;
3) the requisite number of lawyers in the judicial district;
4) the infrastructure and funding available to the legal clinic, including the
premises and office equipment and supplies to be made available to the legal
clinic, as well as funding sources and the payroll for the lawyers to be
assigned to the legal clinic.
(cl. 3 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
4. Having agreed with the
government agency of the Subject of the Russian Federation upon the
arrangements described in paragraph 4, clause 3 of this article, the bar council shall
resolve to set up the legal clinic, designate the lawyers to be assigned to the
legal clinic, and shall send notice of legal clinic establishment by registered
letter to the government agency of the Subject of the Russian Federation.
(cl. 4 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
5. The bar council shall put
in place a procedure for seconding lawyers to the legal clinic. In this
context, the bar council can arrange for the lawyers practicing law at legal
clinics to receive extra pay from the bar association's budget.
(cl. 5 introduced by the Federal Law of 20.12.2004, No 163-FZ)
Article 25. Legal services agreement
1. Lawyering shall be conducted under an agreement between a lawyer and a client.
2. The agreement is a contractor's agreement made in writing between client and lawyer(s) for the provision of legal assistance to the client himself or the person designated by him.
Paragraphs two and three are no longer in force. - Federal Law of 20.12.2004, No 163-FZ.
The termination of legal services agreement shall be subject to the Civil Code of the Russian Federation, with the exemptions provided hereby.
3. Regardless of what state register his details are entered into, the lawyer shall be entitled to make an agreement with a client wherever the latter resides or stays.
4. The agreement has the
following requisite elements:
1) a reference to the lawyer (lawyers) who has (have) agreed to serve as an
attorney (attorneys), as well as to his (their) affiliation with a legal
practice and a bar association;
2) the services involved;
3) the terms and amount of the fee payable by a client for legal assistance
rendered or the stipulation that legal assistance be provided to the client
free of charge pursuant to the Federal Law on Pro Bono Legal Assistance in the
Russian Federation;
(par. 3 as rev. by the Federal Law of 21.11.2011, No 326-FZ)
4) the procedure for and the extent of reimbursement of the lawyer' (lawyers')
expenses related to the provision of legal services, except where legal
assistance is provided to the client free of charge pursuant to the Federal Law
on Pro Bono Legal Assistance in the Russian Federation;
(as rev. by the Federal Law of 21.11.2011, No 326-FZ)
5) the extent and nature of liability of the lawyer(s) providing legal
services.
5. The lawyer's right to a fee and reimbursement of expenses related to the provision of legal services may not be assigned to a third party without the client's express consent thereto.
6. The fee payable to a lawyer by a client and/or the legal service expenses reimbursable to the lawyer are required to be paid to the cashier of the legal practice or into the transactional account of the legal practice in the manner and within the time limits specified in the agreement.
7. The fee earned shall be
applied by the lawyer towards practicing costs such as:
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
1) general expenses of the bar association in the amount and manner to be
determined by a meeting (conference) of lawyers;
2) upkeep of the legal practice;
3) professional liability insurance;
4) other expenses related to the practice of law.
8. The work of a lawyer
appointed to provide criminal defense by investigative inquiry authorities,
preliminary investigation authorities or a court shall be remunerated from
federal funds. This expenditure is budgeted for in the federal budget act for
the following year under the relevant expense heading.
(as rev. by the Federal Law of 24.07.2007, No 214-FZ)
The amount of and arrangements
for the remuneration of a lawyer appointed to provide criminal defense by
investigative inquiry authorities, preliminary investigation authorities or a
court shall be established by the Government of the Russian Federation.
(paragraph introduced by the Federal Law of 22.08.2004, No 122-FZ, rev. by the
Federal Law of 24.07.2007, No 214-FZ)
9. The infrastructure and funding for the provision of legal assistance in hard-to-reach and thinly populated areas is an expenditure commitment of the Subject of the Russian Federation.
The paragraph null and void as
of 15 January 2012. - Federal Law of 21.11.2011, No 326-FZ.
(cl. 9 as rev. by the Federal Law of 22.08.2004, No 122-FZ)
10. The amount of and
arrangements for the extra remuneration payable from the bar association's
budget to a lawyer appointed by investigative inquiry authorities, preliminary
investigation authorities or a court to provide criminal defense or by a court
to provide civil representation, and to a lawyer providing legal assistance to
citizens of the Russian Federation free of charge pursuant to the Federal Law on
Pro Bono Legal Assistance in the Russian Federation, and the arrangements for
the payment of such extra remuneration shall be established by the bar council
on an annual basis.
(cl. 10 as rev. by the Federal Law of 21.11.2011, No 326-FZ)
Article 26. Provision of legal
assistance to citizens of the Russian Federation free of charge
(as rev. by the Federal Law of 21.11.2011, No 326-FZ)
1. Lawyers shall provide legal assistance to citizens of the Russian Federation free of charge pursuant to the Federal Law on Pro Bono Legal Assistance in the Russian Federation.
2. The remuneration of lawyers rendering legal assistance to citizens of the Russian Federation free of charge under the national system of pro bono legal assistance and the reimbursement of their expenses are an expenditure commitment of a Subject of the Russian Federation.
Article 27. Paralegal
1. A lawyer is entitled to use paralegals. Paralegals can be persons with an undergraduate or associate's degree or a vocational school diploma in law except for the persons specified in clause 2, article 9 hereof.
2. A paralegal may not practice law.
3. A paralegal is required to maintain legal profession privilege.
4. A paralegal shall be
employed under an employment contract made with his employers, a legal practice
or a sole legal practitioner. A legal practice shall be entitled to make a
fixed-term employment contract with a paralegal for a lawyer for the duration
of the latter's practice of law in the legal practice.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
5. Statutory employee benefits for the paralegal shall be provided by the legal practice or sole legal practitioner that employs the paralegal.
Article 28. Legal apprentice
1. A lawyer with at least five years of lawyering is entitled to have apprentices. Legal apprenticeship is available to persons with a law degree, except for the persons specified in clause 2, article 9 hereof. The length of apprenticeship is one to two years.
2. The legal apprentice shall serve under the guidance of a lawyer, carrying out his assignments as and when given. The legal apprentice may not practice law on his own.
3. A legal apprentice is required to maintain legal profession privilege.
4. A legal apprentice shall be employed under an employment contract made with his employers, a legal practice or a sole legal practitioner.
5. Statutory employee benefits for the legal apprentice shall be provided by the legal practice or sole legal practitioner that employs the legal apprentice.
Article 29. Bar association of the federal subjects of the Russian Federation
1. A bar association is a non-governmental non-profitorganization based on compulsory membership of lawyers in a subject of the Russian Federation.
2. Bar associations shall operate under the policy for such entities as set out herein.
3. A bar association shall have a name, specifying its form of incorporation and the subject of the Russian Federation where it is incorporated.
4. A bar association shall be set up with a view to enabling the provision of competent legal assistance, affordable and available to the public throughout the subject of the Russian Federation, organization of legal assistance to be provided to citizens of the Russian Federation free of charge, representation and promotion of the interests of lawyers before central and local authorities, non-governmental associations and other organizations, monitoring of occupational training of persons to be admitted to practice law and compliance by lawyers with the code of ethics of the Bar.
5. A bar association shall be formed by an incorporation meeting (conference) of lawyers.
The bar association is a legal entity, has a stand-alone balance sheet, opens transactional and other bank accounts under the laws of the Russian Federation, as well as having a seal, stamps and letterhead stationery, complete with a reference to the subject of the Russian Federation where it is incorporated.
6. The lawyers may not be held liable for the debts of the bar association, and the bar association may not be held liable for the debts of the lawyers.
7. The bar association is subject to public registration, which shall be arranged pursuant to a resolution of an incorporation meeting (conference) of lawyers and in the manner prescribed by the federal incorporation act.
7.1. A bar association may not
reorganize. A bar association of a Subject of the Russian Federation can
liquidate under the federal constitutional law on the formation of a new state
in the Russian Federation in the manner to be determined by federal law.
(cl. 7.1 introduced by the Federal Law of 20.12.2004, No 163-FZ)
8. A Subject of the Russian Federation can only have one bar association, which may not set up its offices, branches or establishments within other states in the Russian Federation. It is forbidden to form inter-regional and other interterritorial bar associations.
9. Resolutions of bar authorities adopted within their purview shall be binding upon all members of the bar association.
10. A bar association may not practice law or do business in its own name.
Article 30. Meeting (conference) of lawyers
1. The supreme authority of the bar association of a Subject of the Russian Federation is the meeting of lawyers. In a bar association with more than 300 members, the supreme bar authority is the conference of lawyers. A meeting (conference) of lawyers shall be convened no less than once a year.
A meeting (conference) of lawyers shall be deemed quorate if attended by no less than two thirds of the bar association members (conference delegates).
2. The jurisdiction of the
meeting (conference) of lawyers includes:
1) formation of the council of the bar in the Subject of the Russian Federation,
including the election of new council members and removal of the council
members to be replaced pursuant to the council renewal (rotation) procedure
provided for in clause 2, article 31 hereof, adoption of resolutions to remove
council members, as well as approval council resolutions to remove council
members who have been disbarred or suspended;
2) election of audit commission members and election of qualification
commission members from among the lawyers;
3) election of representative(s) to the Russian National Congress of Lawyers
(hereinafter also referred to as Congress);
4) determination of the amount of obligatory contributions from lawyers to the
general expenses of the bar association;
5) approval of the bar association's upkeep budget;
6) approval of audit commission report on the findings of an audit of the bar
association's finances and operations;
7) approval of council reports, including on compliance with the bar
association's upkeep budget;
8) approval of rules of procedure for the meeting (conference) of
lawyers;
9) determination of the location of the council's office;
10) creation of the bar association's earmarked provisions;
11) establishment of rewards and punishments for lawyers pursuant to the code
of ethics of the Bar;
12) adoption of other resolutions hereunder.
(cl. 2 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
3. Resolutions of a meeting (conference) of lawyers shall be passed by a simple majority vote of the lawyers in attendance at the meeting (conference delegates).
Article 31. Bar council
1. The bar council is an executive board of a bar association.
2. The council shall be elected by a meeting (conference) of lawyers by secret ballot with up to 15 members from among bar members and shall be renewed (rotated) by a third on a biennial basis. In this context, the provisions of clause 6, article 41hereof shall not apply.
When a rotation is due, the president of the bar association shall propose to the council the council members to be rotated out, as well as their replacements. Once approved by the bar council, the president's proposals shall be put before a meeting (conference) of lawyers for approval.
In the event that the meeting
(conference) of lawyers does not approve the proposals, the president of the
bar association may not propose new candidates to the meeting (conference) of
lawyers for approval until after their review and approval by the bar
council.
(cl. 2 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
3. The bar council shall:
ConsultantPlus: note.
Paragraph 1 (as amended by the Federal Law of 20.12.2004, No 163-FZ) as regards the limitation of the term of office of the presidents of bar associations and the Russian Federal Bar Association has no retroactive effect under the Federal Law of 20.12.2004, No 163-FZ (article 3 of the Federal Law of 20.12.2004, No 163-FZ).
1) elect bar president from its membership for a term of four years and one or more vice-presidents as nominated by him for a term of two years, and determine the powers of the president and vice-presidents. In this context a person may not serve as bar president for more than two consecutive terms;
2) resolve during the period
between meetings (conferences) of lawyers to remove council members who have
been disbarred or suspended. These resolutions shall be put before the next
meeting (conference) of lawyers for approval;
3) determine the representation quota for the conference and the procedure for
electing delegates;
4) ensure the availability of legal assistance throughout the Subject of the
Russian Federation, including legal assistance rendered to citizens of the
Russian Federation free of charge where provided for in this Federal Law. With this end in view, the council shall resolve to set up legal clinics
at the request of a government agency of the Subject of the Russian Federation
and shall assign lawyers to legal clinics in the manner set out by the bar
council;
5) set out the arrangements for the provision of legal assistance by lawyers
appointed by investigative inquiry authorities, preliminary investigation authorities
or a court to provide criminal defense ; notify the procedure to said
authorities and lawyers and shall monitor compliance therewith by
lawyers;
(as rev. by the Federal Law of 24.07.2007, No 214-FZ)
6) set the amount of extra remuneration payable from the bar association's
budget to a lawyer rendering legal assistance to citizens of the Russian
Federation free of charge under the national system of pro bono legal
assistance and/or to one appointed by investigative inquiry authorities,
preliminary investigation authorities or a court to provide criminal defense or
by a court to provide civil representation, and the procedure for the payment
of such extra remuneration;
(par. 6 as rev. by the Federal Law of 21.11.2011, No 326-FZ)
7) represent the bar association before central and local authorities,
non-governmental associations and other organizations;
8) facilitate the upgrading of professional skills of lawyers, including by
approving programmes for advanced vocational training of lawyers and legal
apprenticeship and arranging occupational training under the programmes;
9) review complaints against the actions (omissions) of lawyers, with due
regard to the opinion of the qualification commission;
10) protect the social and professional rights of lawyers;
11) arrange the allocation of office space to legal practices;
12) arrange information support for lawyers, as well as the sharing of best
practices between them;
13) provide methodological support;
14) convene meetings (conferences) of lawyers no less than once a year, and put
together an agenda for them;
15) manage the bar association's assets in accordance with the budget and the
intended purpose of the assets;
16) approve the rules of procedure for the council and the audit commission, and
the staffing of the administrative office of the bar association;
17) set the amount of remuneration to the president and vice-presidents, other
members of the bar council and members of the audit and qualification
commissions within the bar association's upkeep budget approved by a meeting
(conference) of lawyers;
18) keep the register of legal practices and their branches within the Subject
of the Russian Federation;
19) provide, if requested by lawyers, guidelines on what lawyers can do in a
difficult situation involving ethical compliance based on the code of ethics of
the Bar.
(cl. 3 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
4. In the event of the bar
council's non-compliance with the requirements hereof, the council can be
removed by a meeting (conference) of lawyers. An extraordinary meeting
(conference) of lawyers shall be convened by the council if requested by not
less than half of the bar members, by the local justice office or by resolution
of the council of the Russian Federal Bar Association.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
In the event of consistent
non-compliance by the bar council with resolutions of organs of the Russian
Federal Bar Association adopted within the purview of the organs, including,
without limitation, in the event of failure to pay the obligatory contributions
to the general expenses of the Russian Federal Bar Association for more than
six months, an extraordinary meeting (conference) of lawyers shall be convened
by the council of the Russian Federal Bar Association.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
The resolution of the council
of the Russian Federal Bar Association must specify the grounds for the
convocation of the extraordinary meeting (conference) of lawyers, the time and
place of the meeting (conference) of lawyers, representation quota and the
procedure for electing delegates to the conference.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
5. Council meetings shall be convened by the bar president as necessary, but no less than once a month. A meeting shall be deemed quorate if attended by no less than two thirds of the council members.
6. Council resolutions shall be passed by a simple majority vote of the council's members in attendance at its meeting and shall be binding upon all bar members.
7. The bar president represents the bar association in dealings with the central and local authorities, non-governmental organizations and other entities as well as with individuals, acts on behalf of the bar association without a power of attorney, grants powers of attorney and makes transactions on behalf of the bar association, manages the bar association's assets by council resolution in accordance with the budget and the intended purpose of the assets, hires and fires the staff of the bar association's administrative office, convenes council meetings, follows up on the resolutions of the council and the meeting (conference) of lawyers.
Given good cause, the bar
president shall take disciplinary action against a lawyer or lawyers in the
manner prescribed by the code of ethics of the Bar.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
8. The president and vice
presidents, as well as other council members can practice law while serving on
the bar council and receiving remuneration for their service on the council in
the amount determined by the bar council.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
9. The bar council may not practice law or do business in its own name.
Article 32. Audit commission
1. In order to exercise oversight over the operations and finances of the bar association and its organs, an audit commission shall be elected from among the lawyers whose details are entered in the state register of the Subject of the Russian Federation involved.
2. The audit commission shall report on its activities to the meeting (conference) of lawyers.
3. Audit commission members
can practice law while serving on the audit commission and receiving
remuneration for their service on the commission in the amount determined by
the bar council. Audit commission members may not serve in other elected
position with the bar association.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
Article 33. Qualification commission
1. A qualification commission shall be set up to give bar exams to persons seeking admission to practice law, as well as review complaints against the actions (omissions) of lawyers.
2. The qualification
commission shall be formed with 13 commission members for a period of two years
in keeping with the following representation quotas:
1) from the bar association, seven lawyers, including the president of the bar
of the Subject of the Russian Federation. In this context, the lawyer on the
commission must have at least five years of lawyering;
(par. 1 as rev. by. the Federal Law of 20.12.2004, No 163-FZ)
2) from the local justice office, two representatives;
3) from the legislative (representative) body of the Subject of the Russian
Federation, two representatives. In this context, the representatives may not
be deputies or central or local government employees. The procedure for
electing said representatives and the requirements imposed on them shall be
subject to the laws of Subject of the Russian Federations;
4) from the supreme court of a republic, a krai or oblast court, a court of a
federal city, a court of autonomous oblast and a court of autonomous okrug, one
judge;
5) from an arbitrazh court of the Subject of the Russian Federation, one judge.
3. The qualification commission shall be chaired by the bar president ex officio.
4. A qualification commission shall be deemed formed and competent to make decisions if it has no less than two thirds of the number of qualification commission members provided for in this clause.
5. Qualification commission meetings shall be convened by the qualification commission chair as necessary, but no less than four times a year. A meeting shall be deemed quorate if attended by no less than two thirds of the qualification commission members.
The resolutions passed by the
qualification commission shall be documented with minutes, to be signed by the
chair and the secretary. Should a qualification commission member have a
dissenting opinion to the resolution passed by a majority vote of the
qualification commission members in attendance at the meeting, this opinion
shall be submitted in writing and shall be incorporated into the meeting's
minutes.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ)
6. The qualification
commission's resolutions regarding bar exams given to persons seeking admission
to practice law shall be passed by a simple majority vote of the qualification
commission members in attendance at its meeting using registered voting forms.
The voting form shall be subject to the approval of the council of the Russian
Federal Bar Association. The voting forms and the written answers to questions
(test) shall be incorporated into the minutes of the qualification commission
meetings and kept on file by the bar association as registered blank forms for
three years. The qualification commission's decision shall be announced to the
aspirant immediately upon voting.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
7. Having reviewed a complaint, the qualification commission shall make a finding as to the lawyer being in breach of the code of ethics of the Bar and/or his duties.
The qualification commission's
finding shall be passed by a simple majority vote of the qualification
commission members in attendance at its meeting using registered voting forms.
The voting form shall be subject to the approval of the council of the Russian
Federal Bar Association. The lawyer and his complainant are entitled to an
unbiased and fair review of the complaint. The said persons shall be entitled
to involve a lawyer of their choice in the complaint proceedings.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
8. The lawyers on the
qualification commission can practice law while serving on the qualification
commission and receiving remuneration for their service on the commission in
the amount determined by the bar council.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
Article 34. The bar association's assets
1. The bar association's assets are formed through contributions made by lawyers to the general expenses of the bar association, grants and charitable aid (donations) received from entities and individuals in the manner prescribed by the laws of the Russian Federation. These assets shall be the property of the bar association.
2. The general expenses of a
bar association include the remuneration paid to the lawyers working in the
organs of the bar association, reimbursement of the lawyers for their expenses
related to their service on said organs, the wages of the staff of the bar
association's administrative office, logistical support for the bar
association, and, by resolution of the bar council, the extra remuneration
payable to lawyers rendering legal assistance to citizens of the Russian
Federation free of charge, and other expenses provided for in the bar
association's budget.
(as rev. by Federal Laws of 20.12.2004, No 163-FZ, and of 21.11.2011, No
326-FZ)
Article 35. Russian Federal Bar Association of the Russian Federation
1. The Russian Federal Bar
Association of the Russian Federation is a Russian national non-governmental non-profitorganization
uniting the bar associations of the federal subjects of the Russian Federations
based on mandatory membership.
(cl. 1 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
2. The Russian Federal Bar Association is set up as a self-regulatory organization of lawyers in the Russian Federation for purposes of representing and promoting the interests of lawyers before central and local authorities, coordinating the activities of bar associations and enforcing high standards of legal assistance provided by lawyers.
The Russian Federal Bar
Association is an agent of lawyers and bar associations of Subject of the
Russian Federations in dealings with the federal authorities in the context of
issues affecting the interests of the Bar, and specifically those involving the
federal allocations to pay the lawyers appointed by investigative inquiry
authorities, preliminary investigation authorities or a court to provide
criminal defense.
(paragraph introduced by the Federal Law of 20.12.2004, No 163-FZ, rev. by the
Federal Law of 24.07.2007, No 214-FZ)
3. The Russian Federal Bar Association is a legal entity, has a budget, transactional and other bank accounts under the laws of the Russian Federation, a seal, stamps and letterhead stationery.
4. The Russian Federal Bar Association is formed by the Russian Congress of Lawyers. It is forbidden to form other entities and organs with powers and authority similar to those of the Russian Federal Bar Association.
5. The Charter of the Russian Federal Bar Association shall be adopted by the Russian Congress of Lawyers.
6. The Russian Federal Bar
Association is subject to public registration in the manner prescribed by the
federal incorporation act.
6.1. The Russian Federal Bar Association may not reorganize. The Russian
Federal Bar Association may not liquidate other than pursuant to a federal
law.
(cl. 6.1 introduced by the Federal Law of 20.12.2004, No 163-FZ)
7. The resolutions of the Russian Federal Bar Association and its organs adopted within their jurisdiction shall be binding upon all bar associations and lawyers.
Article 36. The Russian
National Congress of Lawyers shall
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
1. The supreme authority of the Russian Federal Bar Association is the Russian National Congress of Lawyers. The Congress shall be convened no less than once every two years. The Congress shall be deemed quorate if attended by representatives from no less than two thirds of the bar associations of Subject of the Russian Federations.
Bar associations shall have equal rights and equal representation at the Congress. Each bar association shall have one vote regardless of the number of its representatives.
2. The Russian National Congress
of Lawyers shall:
1) adopt the charter of the Russian Federal Bar Association and approve any
amendments thereto;
2) adopt the code of ethics of the Bar and approve any amendments
thereto;
3) form the council of Russian Federal Bar Association, including the election
of new council members and removal of the council members to be replaced
pursuant to the council renewal (rotation) procedure provided for in clause
2, article 37 hereof, resolve to remove council members,
as well as approve council resolutions to remove the council members who have
been disbarred or suspended;
4) set the amount of contributions from bar associations to the general
expenses of the Russian Federal Bar Association based on the number of bar
associations;
5) approve the budget for the upkeep of the Russian Federal Bar Association;
6) approve the reports of the council of the Russian Federal Bar Association,
including on compliance with the upkeep budget of the Russian Federal Bar
Association;
7) elect members of the audit commission of the Russian Federal Bar Association
for a term of two years and approve its report on the financial and operating
performance of the Russian Federal Bar Association;
8) enact the rules of procedure for the Congress;
9) determine the location of the council of the Russian Federal Bar Association;
10) perform such other functions as may be provided for by the charter of the Russian
Federal Bar Association.
Article 37. The council of the Russian Federal Bar Association shall
1. The council of the Russian Federal Bar Association is an executive board of the Russian Federal Bar Association.
2. The council of the Russian Federal Bar Association shall be elected by the Russian National Congress of Lawyers by secret ballot with up to 30 members and shall be renewed (rotated) by a third on a biennial basis.
When a rotation is due, the president of the Russian Federal Bar Association shall propose to the council of the Russian Federal Bar Association the council members to be rotated out, as well as their replacements. Once approved by the council of the Russian Federal Bar Association, the president's proposals shall be put before the Congress for approval.
in the event that the Congress
does not approve the proposals, the president of the Russian Federal Bar
Association may not propose new candidates to the meeting (conference) of
lawyers for approval until after their review and approval by the council of
the Russian Federal Bar Association.
(cl. 2 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
3. The council of the Russian Federal Bar Association shall:
ConsultantPlus: note.
Paragraph 1 (as amended by the Federal Law of 20.12.2004, No 163-FZ) as regards the limitation of the term of office of the presidents of bar associations and the Russian Federal Bar Association has no retroactive effect under the Federal Law of 20.12.2004, No 163-FZ (article 3 of the Federal Law of 20.12.2004, No 163-FZ).
1) elect president of the Russian Federal Bar Association from its membership for a term of four years and one or more vice-presidents of the Russian Federal Bar Association as nominated by him for a term of two years, and determine the powers of the president and vice-presidents. In this context, a person may not serve as president of the Russian Federal Bar Association for more than two consecutive terms;
2) resolve during the period
between Congresses to remove the council members who have been disbarred or
suspended. These resolutions shall be put before the next Congress for
approval;
3) represent the Russian Federal Bar Association before central and local
authorities, non-governmental organizations and other Russian organizations and
outside the Russian Federation;
4) coordinate the activities of bar associations, including in contexts where
lawyers provide legal assistance to citizens of the Russian Federation free of
charge under the national system of pro bono legal assistance, criminal defense
when appointed by investigative inquiry authorities, preliminary investigation
authorities or a court, or civil representation when appointed by a
court;
(as rev. by the Federal Law of 21.11.2011, No 326-FZ)
5) facilitate the upgrading of professional skills of lawyers, develop a
uniform procedure for occupational training and retraining of lawyers,
paralegals and legal apprentices;
6) protect the social and professional rights of lawyers;
7) take part in legal vetting of federal bills on matters related to the
practice of law;
8) arrange information support for lawyers;
9) collate the current legal disciplinary practices and develop such measures
and recommendations as may be required in this context;
10) provide methodological support;
11) convene the Russian National Congress of Lawyers no less than once every
two years and set its agenda;
12) manage the assets of the Russian Federal Bar Association in accordance with
the budget and the intended purpose of the assets;
13) approve the Congress representation quota for bar associations;
14) approve the rules of procedure for the council of the Russian Federal Bar
Association and the staffing of the administrative office of the Russian
Federal Bar Association;
15) set the amount of remuneration to the president and vice-presidents, other
members of the council of the Russian Federal Bar Association and members of
the audit commission of the Russian Federal Bar Association within the budget
approved by the Congress for the upkeep of the Russian Federal Bar Association;
16) perform such other functions as may be provided for by the charter of the Russian
Federal Bar Association.
(cl. 3 as rev. by the Federal Law of 20.12.2004, No 163-FZ)
4. In the event of non-compliance by the council of the Russian Federal Bar Association with the requirements hereof, the council of the Russian Federal Bar Association can be removed by the Russian National Congress of Lawyers. An extraordinary Russian National Congress of Lawyers shall be convened by the council of the Russian Federal Bar Association if requested by one third of the bar associations of Subject of the Russian Federations.
5. Meetings of the council of the Russian Federal Bar Association shall be convened by the president of the Russian Federal Bar Association as necessary, but no less than once every three months. A meeting shall be deemed quorate if attended by no less than two thirds of the members of the council of the Russian Federal Bar Association.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
6. Resolutions of the council of the Russian Federal Bar Association shall be passed by a simple majority vote of the members of the council of the Russian Federal Bar Association in attendance at its meeting.
7. The president of the Russian Federal Bar Association represents the Russian Federal Bar Association in dealings with the central and local authorities, non-governmental organizations and other entities as well as with individuals, acts on behalf of the Russian Federal Bar Association without a power of attorney, grants powers of attorney and makes transactions on behalf of the Russian Federal Bar Association, manage the assets of the Russian Federal Bar Association by resolution of the council of the Russian Federal Bar Association in accordance with the budget and the intended purpose of the assets, hires and fires the staff of the administrative office of the Russian Federal Bar Association, convenes meetings of the council of the Russian Federal Bar Association, follows up on the resolutions of the council of the Russian Federal Bar Association and those of the Russian National Congress of Lawyers.
8. The president and vice
presidents, as well as other members of the council of the Russian Federal Bar
Association can practice law while serving on the council and receiving
remuneration for their service on the council of the Russian Federal Bar
Association in the amount determined by the council of the Russian Federal Bar
Association.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
9. The council of the Russian Federal Bar Association may not practice law or do business in its own name.
Article 38. Assets of the Russian Federal Bar Association
1. The assets of the Russian Federal Bar Association are formed through contributions made by bar associations, grants and charitable aid (donations) received from entities and individuals in the manner prescribed by the laws of the Russian Federation. These assets are the property of the Russian Federal Bar Association.
2. The general expenses of the
Russian Federal Bar Association include the remuneration paid to the lawyers
working in the organs of the Russian Federal Bar Association, reimbursement of
the lawyers for their expenses related to their service on said organs, the
wages of the staff of the administrative office of the Russian Federal Bar
Association, logistical support for the Russian Federal Bar Association and
other expenses provided for in the budget of the Russian Federal Bar
Association.
(as rev. by the Federal Law of 20.12.2004, No 163-FZ)
Article 39. Non-governmental legal associations
Lawyers shall be entitled to form non-governmental legal associations and/or be members of (participants in) non-governmental legal associations under the laws of the Russian Federation. Non-governmental legal associations may not perform the functions assigned hereby to legal practices or the functions of bar associations of Subject of the Russian Federations or the Russian Federal Bar Association or their organs.
Chapter 5. FINAL AND TRANSITIONAL PROVISIONS
Article 40. Law license carry-over
1. Lawyers who are members of legal associations formed under the laws of the USSR and the RSFSR and in operation in the Russian Federation as at the effective date hereof (hereinafter referred to as prior legal associations), that meet the requirements of clauses 1 and 2, article 9 hereof shall keep their law license after the effective date hereof without taking the bar exam and being admitted by qualification commissions to practice law.
2. The legal association formed before the effective date hereof shall within one month of the effective date hereof send to the local justice office a list of its members, signed by the head of the legal association and certified with its seal. Said list shall be sent to the local justice office of the Subject of the Russian Federation where the legal association's members are registered with the tax authorities as taxpayers of unified social tax. The Moscow Oblast Legal Association and Leningrad Oblast Legal Association shall send lists of their members to the local justice office for Moscow Oblast and the local justice office for Leningrad Oblast respectively, regardless of where the members of said legal associations are registered with the tax authorities as taxpayers of unified social tax.
3. The list sent to the local
justice office must give the last names, first names and patronymics of the
lawyers whose details are provided for the entry into the relevant state
register. The list shall have attached thereto the following documents:
1) personal applications from the lawyers for the entry of their details into
the state register;
2) copies of the lawyers' ID documents;
3) the lawyers' autobiographical forms;
4) copies of workbooks or other documents evidencing the length of practice of
law;
5) copies of undergraduate or graduate law degrees;
6) copies of resolutions to admit to prior legal associations.
4. The local justice office shall arrange the verification of the paperwork and disclosures provided. In this context, the local justice office shall be entitled to involve the competent authorities and organizations as necessary.
5. Following the validation of said paperwork and disclosures, the local justice office shall within three months of the effective date hereof Federal Law enter the details of the lawyers referred to in clause 1 hereof into the state register and publish said lists, alphabetized, in the local media. Failure to enter a lawyer's details into the state register can be contested in a court of law. Pending the issue of certificates to lawyers as provided for in article 15 hereof, the certificates issued to lawyers before the effective date hereof shall remain in effect.
6. The prior legal associations shall cease admitting new members to the legal association not later than 1 July 2002. From the effective date hereof until the date that a qualification commission is set up in the Subject of the Russian Federation involved, admissions to practice law shall be suspended.
Article 41. Incorporation meetings (conferences) of lawyers
1. Local justice offices shall, jointly with the presidiums of prior legal associations arrange for incorporation meetings (conferences) of lawyers to be held in the Subject of the Russian Federations within five months of the effective date hereof.
The incorporation meeting (conference) of lawyers shall comprise lawyers included on the state register pursuant to article 40 hereof and affiliated with prior legal associations as at 1 July 2001.
2. The general meetings of prior legal associations shall elect delegates to the incorporation conference of lawyers as per the representation quota set by the local justice office jointly by with the presidiums of the legal associations.
3. In the event that the lawyers are registered as taxpayers of unified social tax with the tax authorities of one Subject of the Russian Federation, but are affiliated with a prior legal association in another state of the Russian Federation, then the local justice office where the lawyers are registered as taxpayers shall arrange a general meeting of such lawyers, which shall elect delegates to the incorporation conference of lawyers. The representation quota for such lawyers shall be determined by the organizers of the incorporation conference lawyers in the Subject of the Russian Federation involved.
4. Incorporation meetings (conferences) of lawyers shall be deemed quorate if attended by no less than two thirds of the lawyers (conference delegates). Incorporation meetings (conferences) of lawyers shall elect three delegates to the first Russian National Congress of Lawyers.
5. The incorporation meeting (conference) of lawyers shall be opened by the eldest lawyer in attendance at the meeting (conference). The lawyers attending the meeting (conference delegates) shall elect a presidium for the meeting.
ConsultantPlus: note.
Clause 6, article 41 shall not apply to the election of Bar Council by a meeting (conference) of lawyers (part 2, article 31 hereof).
6. Resolutions of an incorporation meeting (conference) of lawyers shall be passed by a simple majority vote of the lawyers in attendance at the meeting (conference delegates). The organizers of incorporation meetings (conferences) of lawyers shall be entitled to set a procedure for nominations to bar organs taking into account the need for representation to the executive organ of the bar association from various prior legal associations pro rata to the number of their members.
7. Eligible for election to the organs of the bar association of a Subject of the Russian Federation and of the Russian Federal Bar Association are lawyers who are not attendees of the incorporation meeting (conference) of lawyers.
Article 42. First Russian National Congress of Lawyers
1. The federal justice agency shall, jointly with bar associations, arrange for the first Russian National Congress of Lawyers to be held within seven months of the effective date hereof.
2. The first Russian National Congress of Lawyers shall be deemed quorate if attended by no less than two thirds of the Congress delegates.
3. The first Russian National Congress of Lawyers shall be opened by the eldest lawyer in attendance at the Congress. The Congress delegates shall elect a presidium for the meeting.
4. Resolutions of the first Russian National Congress of Lawyers shall be passed by a simple majority vote of the Congress delegates.
5. Eligible for election to the organs of the bar association of a Subject of the Russian Federation and of the Russian Federal Bar Association are lawyers who are not delegates to the first Russian National Congress.
ConsultantPlus: note.
For aspects of restructuring of legal associations and other legal practices to make them compliant herewith, refer to article 9.1, 9.2 and 9.3 of the Federal Law of 05.08.2000, No 118-FZ.
Article 43. Restructuring of prior legal associations in compliance with this Federal Law
1. The harmonization of the forms of incorporation of prior legal associations herewith shall be subject to the provisions of this article.
2. After the registration of the bar association of a Subject of the Russian Federation, prior legal associations and other legal practices may not perform the functions assigned hereby to the bar association of Subject of the Russian Federations or the Russian Federal Bar Association or their organs, other than the functions described in article 44 hereof.
3. Within six months of the date of registration of the bar association of a Subject of the Russian Federation, prior legal associations and other legal practices are required to restructure to render them compliant herewith.
4. Prior legal associations and other bodies of lawyers meeting non-profitcriteria shall be restructured to comply with this Federal Law as resolved by a general meeting of the body of lawyers by its reorganization (split-off, split-up, transformation) into one or more legal practices structured as required hereunder.
5. Monitoring of compliance in the context of restructuring of prior legal associations and other legal practices shall be the responsibility of local justice offices.
6. This Federal Law recognizes the right of lawyers working in a legal clinic to demand its disaffiliation with a prior legal association, with the legal clinic transforming into a non-profitorganization incorporated as required under this Federal Law. The resolution to disaffiliate a legal clinic and transform it into a legal association shall be adopted by a simple majority vote of the lawyers on the payroll of the legal clinic as at the date of registration of the bar association. In this context, all lawyers working in the legal clinic as at the date of registration of the bar association shall be eligible to become incorporators (members) of the legal association to be formed, including those not supporting the demand for its disaffiliation.
The resolution to disaffiliate a legal clinic and transform it into a legal association shall be adopted by a two-thirds vote of the lawyers on the payroll of the legal clinic as at the date of registration of the bar association. In this context, a law firm to be formed may only be incorporated (joined) by lawyers who enter into a partnership agreement.
7. The decision of the lawyers of a legal clinic to disaffiliate with a prior legal association must be notified within two months of the date of registration of the bar association by registered letter to the presidium of the prior legal association, as well as to the local justice office. The decision received shall be reviewed by a general meeting of the prior legal association within four months of the date of registration of the bar association.
8. The rights and duties of the prior legal association to be restructured shall devolve upon the newly formed legal entity pursuant to a demerger balance sheet. In this context the newly formed legal entity shall be vested with property in kind and property rights previously held by the legal clinic.
9. This Federal Law recognizes the right of lawyers working in a law firm that is an establishment of a prior legal association to be given the ownership of the property of said establishment, with the establishment to be restructured to comply herewith. The decision to request the transfer of property rights shall be adopted by a two-thirds vote of the lawyers on the payroll of the law firm as at the date of registration of the bar association.
10. The request for the transfer of property rights must notified by registered letter within two months of the date of registration of the bar association to the presidium of the prior legal association, as well as to the local justice office. The request received shall be reviewed by a general meeting of the prior legal association within five months of the date of registration of the bar association.
11. In complying with the requests provided for in clauses 6 and 9 hereof, the prior legal association shall sign over, under a deed of transfer, the property of the law firm or the property of the legal clinic to the lawyers working in the firm or clinic in equal shares, provided the shares are used to form a common pool of the legal association or law firm to be formed.
12. The lawyers remaining with a prior legal association following the fulfilment of the requests provided for in clauses 6 and 9 hereof shall be entitled to decide to transform (split) the prior legal association into one or more legal practices structured as required under this Federal Law.
13. A prior legal association shall split into two or more legal practices as and when requested by not less than half of the lawyers affiliated with the legal association to be restructured who remain with the legal association after the fulfilment of the requests provided for in clauses 6 and 9 hereof. The rights and duties of the legal association to be restructured shall devolve upon the newly demerged legal entities pursuant to a demerger balance sheet. The allocation of the rights and duties of the prior legal association to be restructured to the newly formed legal entities shall be pro rata to the number of lawyers affiliated with the newly formed legal entities. The legal entities demerged from a prior legal association may not use the name and brand identity of the restructured legal association.
14. A request for a prior legal association to split into two or more legal practices must be notified by registered letter within five months of the date of registration of the bar association to the presidium of the prior legal association, as well as to the local justice office. The request received shall be reviewed by a general meeting of the prior legal association within six months of the date of registration of the bar association.
15. A prior legal association or other legal practice shall re-incorporate as required under this Federal Law by a general meeting resolution adopted by a majority vote of the members of the legal practice. In this context, the rights and duties of the legal association or other legal practice to be restructured shall devolve upon the newly formed legal association or law firm pursuant to a deed of transfer.
16. The legal associations and law firms newly formed by restructuring shall be the successors to the prior legal associations and other legal practices pursuant to a demerger balance sheet or a deed of transfer.
17. As of the effective date hereof, prior legal associations and other legal practices may not perform the transfer of its members or assets between legal clinics or law firms, or alienate the property of a prior legal association other than as provided for in this article.
18. If the general meeting of a prior legal association fails to approve a demerger balance sheet or a deed of transfer within three months of receiving requests provided for in clauses 6, 9 and 13 hereof, or the legal association fails to provide within 45 days of the effective date hereof lists of its affiliated lawyers, complete with the required documents specified in article 40 hereof, to the local justice office, then the arbitrazh court shall appoint, if petitioned by the competent local justice office, an external administrator for said legal association and shall authorize him to restructure it.
19. Upon the appointment of an external administrator, he shall have all powers and authority for managing the prior legal association to be restructured.
20. The external administrator shall speak in court for the legal association to be restructured, generate a demerger balance sheet or a deed of transfer and shall put same before the court, complete with the instruments of incorporation of the resulting legal entities. The approval of said documents by the arbitrazh court shall provide authority for the public registration of the legal entities to be formed.
21. Public registration of legal entities formed by restructuring of prior legal associations and other legal practices as required hereunder shall be made in the manner prescribed by the federal incorporation act.
22. Submission shall be made
to the public registrars of legal entities of notarized copies of the following
documents:
1) restructuring resolution;
2) demerger balance sheet or deed of transfer;
3) the instruments of incorporation of the legal entities to be formed;
4) documents evidencing the entry of the details of the founding lawyers into
the state register.
23. The restructuring of prior legal associations and other legal practices shall be subject to the corporate restructuring rules provided by the Civil Code of the Russian Federation and Federal Non-Profit Organization Act, unless at variance with this article.
Article 44. Arrangements for pro bono and appointed legal assistance to citizens of the Russian Federation
1. All bar associations are
required within 20 days of their registration to make arrangements for the
provision of legal assistance to citizens of the Russian Federation free of
charge, as well as criminal defence when appointed by investigative inquiry
authorities, preliminary investigation authorities or a court.
(as rev. by the Federal Law of 24.07.2007, No 214-FZ)
2. Until the above
arrangements are put in place by bar associations, the provision of pro bono
legal assistance to citizens of the Russian Federation, as well of criminal defense
by lawyers when appointed by investigative inquiry authorities, preliminary
investigation authorities or a court shall be the responsibility of the prior
legal associations.
(as rev. by the Federal Law of 24.07.2007, No 214-FZ)
Article 45. Coming into force of this Federal Law
1. This Federal Law shall come into effect on 1 July 2002, except for paragraph 6, clause 1, article 7 hereof, which shall come into effect on 1 January 2007.
2. As of the effective date
hereof:
1) the Russian Federation shall repeal the USSR Law of 30 November 1979,
No 1165-X, "On the Bar in the USSR" (Gazette of the USSR Supreme
Soviet, 1979, No 49, art. 846);
2) there shall be repealed:
the RSFSR Law of 20 November 1980, "On enacting the Policy on the Bar in
the RSFSR" (Gazette of the RSFSR Supreme Soviet, 1980, No 48, art.
1596);
the Decree of the Presidium of the RSFSR Supreme Soviet of 8 July 1991, No
1560-1, "On measures for social protection of citizens practicing law in
bar associations of the RSFSR during the transition to a market economy"
(Gazette of the Congress of People's Deputies of the RSFSR and the Supreme
Soviet of the RSFSR, 1991, No 28, art. 977).
3. Until the effective date of paragraph 6, clause 1, article 7 hereof, the lawyer shall be entitled to make his own arrangements for his professional liability insurance. In this context, the insurance premiums paid by the lawyer to the insurer under an insurance contract shall be classified as contributions made by the lawyer under clause 7, article 25 hereof.
4. Pending the formation of
the council of the Russian Federal Bar Association, the councils of the bar
associations of Subject of the Russian Federations shall exercise the following
powers of the council of the Russian Federal Bar Association:
1) development and approval of provisional arrangements for the bar exam and
aspirant knowledge testing, as well as the list of questions for the
aspirants;
2) approval of voting forms provided for in clauses 6 and 7, article 33 hereof.
5. Suggest to the President of the Russian Federation and instruct the Government of the Russian Federation that they bring their regulatory legal acts in line herewith.
President of the Russian Federation
V.Putin