Hasavov’s words may lead to amendments to the Advocates’ Code of Ethics

Declarations voiced by Advocate Dagir Hasavov, who claimed implementation of the Shariah courts in Russia, may lead to serious amendments to the Advocates’ Code of Ethics, which regulates the procedure of bringing the defendants to disciplinary responsibility, Yury Pilipenko, Managing Partner at the Law Firm "YUST", Vice President of the Federal Chamber of Advocates of the Russian Federation, told RAPSI/rapsinews.ru.

Earlier Hasavov, in an interview to REN television, declared that it was necessary to implement the Shariah court in Russia. He said that the Muslim community would set its own rules, and the attempts to prevent this would bring bloody consequences.

Y.Pilipenko said: “The today’s procedure of bringing to disciplinary responsibility is such that only professional misconduct may be punished. However, Hasavov’s declarations may act as a catalyst of amendments to the Code. In particular, the President of the FCA may receive powers to make a representation to the Chamber to initiate disciplinary proceedings”.

Currently it is possible under the Code to initiate proceedings of stripping an advocate of his status only upon a client’s complaint, upon a representation by the vice president of the chamber of advocates or the local justice department, or upon a court ruling – for example, a conviction.

Y.Pilipenko noted that Hasavov’s speech on air consisted of two parts – the declaration of implementation of Shariah courts and the promise of bloodshed in the case of opposition to the creation of the religious justice. He said: “Now the words on Shariah courts may be regarded as a medieval originality, but when promises to drown the city in blood started, the whole thing became unacceptable”.

The agency’s interlocutor added: “In my opinion, compliance with the universal ethic principles is one of the advocate’s main duties”. He did not exclude the possibility that he himself could initiate and author the amendments to the Code.

The Congress of Advocates is competent to take the decision to amend the code of the rules of advocate’s ethics. The next Congress will occur in one year.

The Prosecutor’s Office found indications of extremism in the advocate’s interview. A prosecutor’s check was carried out, and Alexander Ordzhonikidze, general director of “Ren-TV” media holding, received a warning for airing the interview.

Besides, the Moscow Head Investigation Department of the Investigation Committee is conducting a pre-investigation check under the article “Instigation of hatred or enmity as well as humiliation of human dignity” of the CCRF in connection with the declarations by Advocate Dagir Hasavov. The results of the check will be decisive in the issue of criminal prosecution of Hasavov.

There is information that the Advocate recently left the Russian territory.

Shariah court mentioned by Hasavov is the main judicial authority in the Muslim states. The judge is called qadi, and he, sole, conducts the proceedings pursuant to Shariah (the Alcoran-based code of laws).

The Russian legislation permits no religious courts, including the Shariah courts. The judicial system of Russia is fixed by the Constitution and the federal constitutional law. It includes constitutional, civil, criminal, administrative, arbitration proceedings. Justice is administered by courts only, represented by judges. No other bodies and persons are entitled to administer justice.

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