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Be a little more German

Ed.: Yuriy Sergeevich, a little more - and the whole country once again celebrates the Day of the lawyer. I don't reservation.this is, it is the whole country. Agree that the phrase from foreign films «talk to my lawyer» is becoming the norm for Russians. Do You think this is sort of a description of the state of the legal field in our country?

US: First of all I would like to congratulate with coming holiday fellow lawyers. Regardless of whether they are «civilian штафирками» or «wear uniforms», most of them are real professionals. If to talk about the legal sphere as a whole, would all of us wish that it became more and more harmonious and the spheres of law, where there is enabling the beginning, give credit where self-regulation, the good will of the parties, initiative, not behind in its development and application from the now fashionable imperative regulation. And that among our widely celebrated holidays the Day of lawyer has taken a worthy place. I would also like to congratulate you on the 15th anniversary of the Russian legal newspaper «economy and life-LAWYER», which has earned a high reputation in the legal community, and wish the team new professional achievements.

Ed.: You remember the very first client? What issue You have been approached?
US: of Course I remember. It was the entrepreneur of the first wave - cooperator, who came to me with the case of a contract. The case was heard in state arbitration and the client asked me: «And you with the referee-you know?» I absolutely honestly said no. He помаялся two minutes, collected paper and left. Since then I became more careful in answering too direct questions.

Ed.: How has the structure of the client base by more than 21 year of work of Your company?
US: our company History and the history of our customers is the history of the country for the last twenty years. How did the country, the change of Economics, political conditions have changed and our clients, and we together with them.
Our first clients were the peasants, foreign business pilgrims, red Directors. Privatization started, and the most demanded are legal services in this area, and over time there started the chain of bankruptcy cases. «YUST» as the consultant conducted the first major bankruptcy in our country: immediately after the law went bankrupt «Tokobank equity investment». Then there was a period of intensive work on the tax direction and combat of tax optimization.
In recent years it has become popular advising on Antimonopoly legislation, so as the growing «anti-monopoly wave». Moreover, it deals with all but the monopolies, which are becoming more and thicker.
We have much to be proud of: Sakhalin shelf became oil with our participation, the assets of «Gazprom» - the national wealth consolidate also we. And there are still a lot of things that say it is possible not earlier, than it is appropriate to say.

Ed.: What challenges did You face when you create a company?

US: IN those years, all was new, interesting, boundlessly, no special difficulties't remember, also, that we were then in the Soviet poor. But happy.

Ed.: And now as easily open a legal company, as it was 20 years ago?

): Now create a company - whether it is a law firm or any of its industrial structure is much more difficult. Open, of course, possible, but make a serious undertaking very difficult. Although it is possible that someone succeed, I can't. Moreover, if someone wants to try, I would strongly support this. But the difficulties of the time, when we all were pioneers nor comparison does not go with the difficulties of today.

Ed.: Why? Who is to blame?

): Adoption of laws had acquired the character of replicate - every year there are hundreds of new Federal laws. It seems that they do not have time to read even those who officio obliged to write them. Two years ago the Chairman of the SAC called a halt to the «legislative bacchanalia». But Stakhanovskaya struggle for the number of laws issued on the hill, continues. Recently, the Chairman of one of the committees of the state Duma called on his colleagues to agree at least to amend the criminal code, not more often than once a year (now it is replaced approximately every three months). In my opinion, the most important law that you must take, is the law «On the laws» with a limit.

Ed.: Each company chooses its own management system. There are examples when the leaders are in the same space with employees and keep them familiar. There are such firms, where rigidly enforced hierarchy. That You chose and why?

US: We prefer to maintain a sense of family in the team. At the beginning of our history, we decided that priority should be equal, open, without undue чинопочитания relations between colleagues, to one for all - all for one, that no one could be left in the lurch, whether it is a professional issue or some kind of personal, and so on Of course, now, when in the company of «YUST» already more than a hundred people, to maintain a sense of family is becoming more difficult, but the tradition remains: partners do not allow any power in relation to the lawyers, the openness and friendliness are the main principles of our company. That, of course, does not exclude and sound judgment.

Ed.: Lawyer's work, in Your opinion, creative or technical?

US: the Legal profession is impossible without creation, nor without the procedure, so that both should be present, complement each other. Any who give more attention to one of them, is doomed to failure. Few who manage to remain solely a creative person, and be a successful lawyer. And I can say the same about lawyers who definite as to the amount of work, but have no creativity.

Ed.: There is an opinion that a lawyer is a «universal soldier». Do you agree with this? Or I need specialization?

US: As said Kozma Prutkov, «a specialist like a flux: the fullness of his one-sided». If you work in a large team and not going to do individual practice, it makes sense to become a specialist. When deep you know your subject and am confident in the support of friends who know what you do not know you, you can always create a product that is needed by your client, the client. But «universal soldiers» are needed, and they are in the company «YUST». To them, saying, I am. Remember: nothing is true in itself, but under the circumstances.

Ed.: You recruit only established professionals and young specialists also have a chance to have You as an employer?

): Young specialist is the material, you invest their experience, knowledge, soul in the hope that all this will resonate, and grow up to be the person you need with which you can work for many years. But there are a number of people who came to our company, already being the people with the name, with its clientele. They represent an individual value, but it must be borne in mind that with them it is always difficult because they have reasonable self-conceit, your own understanding of the mode of operation, a system of relationships and so on, and therefore not excluded human conflicts. So I young specialists like more, and the chances of them to get a job in our company are not less, than for existing professionals.

Ed.: What are your requirements to the potential employee?

US: None of the colleagues come to work for us, does not grant credits on the law. At most we can ask to see the documents that the applicant was to make sure that he knows how to put together the letters in the word, the word in the suggestions and proposals in the texts. We pay special attention to the human qualities - conduct regular interview, that is, Amateur psychological test on honesty, openness, honesty, desire to work, to do a good deed. And we are pleased with the fact that 90% of candidates successfully passed the probationary period, despite the fact that the exams on the law we have not been.

Ed.: When I say the phrase «business legal services», I have to correct and lawyers, and lawyers. Some say - «legal practice», others - «practice of law». But because of the scheme «money - goods - money» when providing legal services works. So, on the fact of activity can be called legal and advocatory practice entrepreneurial activity?

US Lawyers will not agree under any circumstances. I have repeatedly spoken on this topic and not tire of repeating that between advocacy and business - a huge difference.
First, we must understand that the purpose of business is to gain profit. Without this entrepreneurial activity loses all meaning turns into charity. And the practice of law is aimed at protection of rights and legitimate interests of the principals. Profit does not pursue, although almost always carried out on a reimbursable basis. Sometimes lawyers charge and a lot of money, but often enough work for free, not viewing it as a pro bono activities.
About 70% of the advocates of our country work as lawyers in the destination according to senior 51 of the code, when the participation of a lawyer in the process is mandatory, and they receive RUB 550 court day! So where entrepreneurship.

Ed.: What is the market of legal services in Russia today? What problems are faced by the players in this market?

US: I am talking about, that the market for legal services in Russia is very similar to шагреневую skin, which is constantly shrinking. There are two General reasons: more state in the economy and more monopoly. These two factors limit the scope of private initiative, restrict «Brownian motion» entrepreneurs, by virtue of the laws of the genre should face legal problems and, as a consequence, access to lawyers or lawyers for help.
Of market problems will mention a very interesting phenomenon that should not say, - conducting tenders on rendering of legal services to state or state-controlled enterprises. First, confused by the number of securities that must be filled out in order to take part in the tender. I don't really understand how much you need to have people in the staff of these companies, to read all the papers I sign. Secondly, there is beginning to play a decisive role, the price factor and it turns out that any company that does not have any experience or ideas about how to solve a legal problem, but declared a minimum price for their services is doomed to win. Everyone understands that this is nonsense, but pretend that this is a struggle for saving public funds. The shape of the right, and indeed a mockery.
Another problem is that Russian business began to alienate the Russian jurisdiction. Why?
The Russian judicial system should be rejected because of its opacity, slowness, alleged corruption. But it is worth noting that the SAC is trying to change this perception and become by the court, in which it is possible to believe in that you can walk. And just at that moment, the SAC decided to unite with the Russian army. Why? Maybe the English courts have lobbied for the merger of the higher courts in Russia?
The following is a офшоризация of the Russian economy.

Ed.: How do You assess the consequences of accession of Russia to the WTO for Russian law firms?

): Nothing new to Russia's WTO accession, in my opinion, did not happen. We already for a year's membership, but no invasion of foreign consultants is not observed. It and will not for one simple reason: all happened 25 years ago.
And if there is a problem, it is not in the presence of foreign consultants in our territory and in the peculiarities of mentality of our government agencies and large companies, who are invited as consultants primarily by foreign lawyers. Their leaders, being patriots at stadiums, in another life somehow choose their foreign consultants and real estate abroad. By the way, why? Let some of those responsible for patriotism find the answer to this question.

Ed.: That makes the company «YUST» to strengthen its positions on the market of legal services?

): The main factor of any change I think a realistic view of the problem and the world that surrounds us.
«YUST» just now is at the next stage, when we develop plans for quite a serious changing of our activities, areas of practice, a change of partnership, the choice of the customers, marketing approaches. It is quite possible that we will change our regional policy. We want to meet the challenges of time and intend to reach a new qualitative stage in its development.

Ed.: Yuriy Sergeyevich, what you need to borrow from foreign practice of providing legal services?

): Due to its experience and acquaintance with the legal systems and the bar different countries (as Vice-President of the Federal chamber of lawyers of the Russian Federation, I supervise international activities), I can say that, although the professionalism of Russian lawyers deserves deep respect, and we have much to learn from our foreign colleagues. For example, I would pay attention to the culture of work, which we are lacking, and the accuracy, that is, on things which would allow us to be a little more Germans to have fewer laxity, less arrogance, more punctual.

Ed.: Call the most, in Your opinion, important legislative issues requiring immediate solution.

US: the number one issue today for all the lawyers and entrepreneurs, from my point of view, is the criminal code and the criminal law. Observing the situation in the country, I am of the opinion that with the economy are managed by the Criminal code and the code of administrative offences. This is evidenced by some recent initiatives, including the initiative of the Investigative Committee, which wants to regain the right to initiate criminal proceedings without tax audits. This problem is not so much the law but also of law enforcement and existing priorities. As a civilized man, I prefer диспозитивность imperative character and understand that we have tried with императивностью in the law enforcement field.
And still. I would support the idea of a moratorium on lawmaking at least a year. But better - two.

Ed.: How do You assess the prospects of unification of the RF and the RF armed forces?

): Like many others, I fear for what the best practices of the SAC will simply drowned in безнадеге courts of General jurisdiction with which we often face. But, if this does not happen and experience of courts of arbitration (keeping аудиопротоколов meetings, providing a real accessibility, transparency of legal proceedings, organisation of clerical work, worthy personnel filling, observance of terms of consideration of cases) positively affect the courts of General jurisdiction, then I can say that this was done not in vain. 'm anxiously, but I hope that the unification of promises not only disadvantages, but also the benefits.

Ed.: Thank you, Yuri Sergeevich, for the interesting conversation. With the holiday You! Creative achievements and professional victories!

The material was prepared by Natalia Shapovalova


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