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Attorneys ' claims Fall to the expert community will be discussed amendments to the law on advocacy within the approved in April 2013, the Government of the Russian Federation «Justice»program. One of its goals - the introduction in Russia of a monopoly law in the field of legal services.
The managing partner of the Law firm «YUST», the first Vice-President of the Federal chamber of advocates Yury Pilipenko interviewed by Inna Lukyanova (magazine «Direct investments»).
- The decision on necessity of the law of monopoly caused a lot of controversy. Most citizens of fears that they will now be forced to call for any legal services only to lawyers and they will not be able to represent clients in court.
It is a mistake. The main idea of the reform is to introduce a lawyer monopoly on representation on the most complex, the most time consuming categories of cases where necessary to guarantee the professional level of the court representative. This can be, for example, the cases which are within the jurisdiction Supreme arbitration court (including tax disputes) and the Supreme court; cases dealt with in the order of supervision; insolvency and bankruptcy; the most complicated corporate disputes; disputes relating to the activity of depositories; cases about protection of business reputation in the sphere of entrepreneurial and economic activities; disputes with the price of the claim that exceeds a certain amount (lower and upper bounds of sums subject of legislative work, which requires analysis of both the market and specific cases). On General civil Affairs, we also mean the lawyer monopoly, but the criterion of its implementation should be the difficulty. For example, inheritance cases; cases concerning copyright; triable by a collegial composition of the court. Reform will not restrict citizens in their right to defend their own interests. The same applies to legal persons Their in-house lawyers will be able to be judicial representatives on all matters of General jurisdiction and arbitration, with the exception of criminal cases and cases related to the above categories. Thus attorney monopoly is not absolute and does not create a situation, when all without exceptions cases citizens will have to apply to lawyers.
- Legal representation in criminal cases, the reform also be affected or all remain unchanged?
- In criminal proceedings already long existed attorney monopoly. In this area nobody, except the lawyers can not represent the interests of the litigants. The interests of the accused who cannot afford a lawyer, will be complied with, as before: appointed counsels will remain (protection on purpose - when the lawyer of the state appoints and pays for its services - approx. amended) Another thing is that the court day, until recently, was worth 290 roubles, and 70% of the total number of lawyers in the country live through criminal prosecutions and, frankly, are left with bread on water. The only change we have made, - the slight increase of payment for court day. Now the lawyer's fee will amount to 550 rubles, but again this will burden the state, not the client. For reference in Europe the судочас costs 100 Euro.
Many also fear that the introduction of a monopoly law will cause growth of prices for the services of lawyers.
- A rise in prices will not happen for one reason: <...>
Continuation see the printed version of the «Direct investments» no. 9, 2013.
The managing partner of the Law firm «YUST», the first Vice-President of the Federal chamber of advocates Yury Pilipenko interviewed by Inna Lukyanova (magazine «Direct investments»).
- The decision on necessity of the law of monopoly caused a lot of controversy. Most citizens of fears that they will now be forced to call for any legal services only to lawyers and they will not be able to represent clients in court.
It is a mistake. The main idea of the reform is to introduce a lawyer monopoly on representation on the most complex, the most time consuming categories of cases where necessary to guarantee the professional level of the court representative. This can be, for example, the cases which are within the jurisdiction Supreme arbitration court (including tax disputes) and the Supreme court; cases dealt with in the order of supervision; insolvency and bankruptcy; the most complicated corporate disputes; disputes relating to the activity of depositories; cases about protection of business reputation in the sphere of entrepreneurial and economic activities; disputes with the price of the claim that exceeds a certain amount (lower and upper bounds of sums subject of legislative work, which requires analysis of both the market and specific cases). On General civil Affairs, we also mean the lawyer monopoly, but the criterion of its implementation should be the difficulty. For example, inheritance cases; cases concerning copyright; triable by a collegial composition of the court. Reform will not restrict citizens in their right to defend their own interests. The same applies to legal persons Their in-house lawyers will be able to be judicial representatives on all matters of General jurisdiction and arbitration, with the exception of criminal cases and cases related to the above categories. Thus attorney monopoly is not absolute and does not create a situation, when all without exceptions cases citizens will have to apply to lawyers.
- Legal representation in criminal cases, the reform also be affected or all remain unchanged?
- In criminal proceedings already long existed attorney monopoly. In this area nobody, except the lawyers can not represent the interests of the litigants. The interests of the accused who cannot afford a lawyer, will be complied with, as before: appointed counsels will remain (protection on purpose - when the lawyer of the state appoints and pays for its services - approx. amended) Another thing is that the court day, until recently, was worth 290 roubles, and 70% of the total number of lawyers in the country live through criminal prosecutions and, frankly, are left with bread on water. The only change we have made, - the slight increase of payment for court day. Now the lawyer's fee will amount to 550 rubles, but again this will burden the state, not the client. For reference in Europe the судочас costs 100 Euro.
Many also fear that the introduction of a monopoly law will cause growth of prices for the services of lawyers.
- A rise in prices will not happen for one reason: <...>
Continuation see the printed version of the «Direct investments» no. 9, 2013.
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