Everyone knows that the lawyer ( from the Latin advocatus - from advoco - I invite) is a person whose professional activity is the provision of qualified legal assistance to individuals( citizens, stateless persons) and legal entities( organizations), which includes protectiontheir interests and rights in court. Advocacy as a profession is known from very old times.
In Russia, a lawyer is an independent professional legal adviser( according to clause 1 of Article 2 of the Federal Law No. 63-FZ of May 31, 2002 "On Advocacy and Advocacy in the Russian Federation") and belongs to the people of the so-called free profession( like private practitioners, independent journalists and others).
Bodies of advocate self-government in Russia are the chambers of the subjects of the federation, as well as the Federal Chamber of Advocates. Lawyers can be united in the bar association, law offices, legal advice, or carry out advocacy independently, by establishing a lawyer's office.
Like many professional communities, lawyers have "
's Code of Professional Ethics", which was first adopted in the Russian Federation by the first All-Russian Congress of Advocates on January 31, 2003.At the moment, the latest version of this professional legal code is available from 20.04.2017.CONTENTS
Code of Professional Ethics for Advocate: last edition of 2017, full text
Adopted by the 1st All-Russian Congress of Attorneys on January 31, 2003, as amended and approved by:
- II All-Russithe 8th Congress of Advocates on 08.04.2005;
- III All-Russian Congress of Advocates 05.04.2007;
- VI All-Russian Congress of Advocates 22/04/2013;
- VII All-Russian Congress of Advocates 22.04.2015;
- VIII All-Russian Congress of Advocates 20.04.2017.
The lawyers of the Russian Federation, in accordance with the requirements provided for by the Federal Law "On Advocacy and Advocacy in the Russian Federation", in order to maintain professional honor, develop the traditions of the Russian( jury) bar, and aware of the moral responsibility to society, adopt this Code of Professional Ethics of the lawyer.
The existence and activities of the advocacy community are impossible without observing corporate discipline and professional ethics, caring for lawyers about their honor and dignity, as well as the authority of the bar.
Section one. Principles and norms of professional conduct of the lawyer
Article 1
The Code of Professional Ethics for Advocates establishes rules of conduct for lawyers that are mandatory for each lawyer, based on the moral criteria and traditions of the bar, on international standards and rules of the profession of lawyers, as well as the grounds and procedure for bringing a lawyer toresponsibility.
Advocates have the right to be guided in their activities by the rules and regulations of the General Rules Code for lawyers of the European Community countries in so far as these rules do not contradict the legislation on advocacy and the legal profession and the provisions of this Code.
Article 2
- This Code supplements the rules established by the legislation on advocacy and advocacy.
- No provision of this Code shall be construed as prescribing or allowing the commission of acts contrary to the requirements of the law on advocacy and the legal profession.
Article 3
- This Code extends to attorneys.
- Lawyers( heads of lawyer formations( units)) are required to familiarize assistants of lawyers, trainee lawyers and other employees with this Code, ensure compliance with their standards in the part corresponding to their functional duties.
Article 4
- An attorney must, under all circumstances, maintain the honor and dignity inherent in his profession.
- The need to comply with the rules of the profession of lawyers arises from the fact of assigning the status of a lawyer.
An oath of a lawyer is brought by the applicant who successfully passed the qualifying examination for attorney status in a solemn atmosphere no later than three months after the day the decision was taken by the qualification commission on conferring the status of an advocate to the applicant. The document containing the text of the oath and the signature of the lawyer under it shall be kept in the affairs of the Council of the respective Chamber of Attorneys of the subject of the Russian Federation( hereinafter - the Council).
After taking the oath, the lawyer of the breastplate of Russian lawyers is presented, which is a distinctive attribute and an official element of the corporate culture of Russian lawyers.
2.1.By taking the oath of an attorney, the applicant who passed the qualification exam assumes responsibility for the performance of the duties of the lawyer and observance of the rules of conduct established by the legislation on advocacy and the legal profession and this Code.
- In cases where the issues of the professional ethics of a lawyer are not regulated by the law on advocacy and the legal profession or this Code, the lawyer is obliged to observe the traditions and traditions established in the legal profession that correspond to the general principles of morality in society.
- In a complex ethical situation, the lawyer has the right to ask the Council for an explanation in which he can not be denied.
Article 5
- The professional independence of a lawyer, as well as the conviction of the principal in the integrity, honesty and integrity of the lawyer are necessary conditions for confidence in him.
- A lawyer should avoid actions( inaction) aimed at undermining confidence in him or the legal profession.
- Abuse of trust is incompatible with the title of advocate.
Article 6
- Trust in a lawyer can not be without confidence in the preservation of professional secrecy. The professional secret of the lawyer( advocate secrecy) provides the immunity of the principal provided by the last Constitution of the Russian Federation.
- Observance of professional secrecy is an unconditional priority of the lawyer. The period of keeping the secret is not limited in time.
- A lawyer can not be released from the duty to store professional secrets by anyone other than the principal. The consent of the principal to the termination of the practice of the lawyer's secret must be expressed in writing in the presence of the lawyer in conditions that exclude the influence on the principal by the attorney and third parties.
- Without the consent of the principal, the lawyer is entitled to use the information communicated to him by the client in the amount that the lawyer considers reasonably necessary to substantiate his position when considering a civil dispute between him and the principal or for his defense against disciplinary proceedings or criminal proceedings instituted against him.
- Rules for the retention of professional secrecy apply to:
- the fact of applying to a lawyer, including the names and titles of principals;
- all the evidence and documents collected by the lawyer in preparation for the case;
- information received by a lawyer from principal;
- information about the client who became a well-known lawyer in the process of providing legal assistance;
- the content of legal advice given directly to the trustee or intended;
- all the legal proceedings in the case;
- terms and conditions of the agreement on legal assistance, including cash payments between the lawyer and the principal;
- any other information related to the provision of legal assistance by a lawyer.
- An advocate can not give testimony about circumstances that he became aware of in connection with the performance of professional duties.
- A lawyer can not assign to anyone the right of a monetary claim to the trustee under the agreement concluded between them without the special consent of the principal.
- Lawyers who carry out professional activities jointly on the basis of a partnership agreement when providing legal assistance should be guided by the rule on the dissemination of secrecy for all partners.
- In order to preserve professional secrecy, a lawyer must conduct business proceedings separately from materials and documents belonging to the trustee. The materials included in the composition of the lawyer's proceedings in the case, as well as the correspondence of the lawyer with the principal, must be clearly and unequivocally designated as belonging to or leaving the lawyer.
- Rules for the preservation of professional secrecy apply to attorneys and trainee lawyers, as well as other employees of lawyer formations.
Assistants and trainees of the lawyer, as well as other employees of lawyers' organizations, are warned in writing about the need to preserve a lawyer's secret and give a subscription about its non-disclosure.
Article 6.1
- For the purposes of this Code, the principal is understood to be:
- a person who has concluded an agreement with a lawyer to provide legal assistance;
- a person to whom a lawyer is provided legal assistance on the basis of an agreement on legal assistance concluded by another person;
is a person to whom a lawyer is provided with legal aid free of charge or at the appointment of an inquiry body, a preliminary investigation body or a court.
- When deciding on the issue related to the preservation of a lawyer's secret, a trustee is understood as any person who has entrusted personal information to a lawyer in order to provide legal assistance.
Article 7
- A lawyer accepts an order to conduct a business even if he has legal doubts that do not exclude the possibility to maintain and uphold him reasonably and conscientiously.
- The prevention of litigation is an integral part of the legal assistance provided by a lawyer, so the lawyer cares about eliminating everything that hampers the settlement.
Article 8
In the exercise of professional activity, the lawyer is obliged:
1) to honestly, reasonably, honestly, skillfully, principally and in a timely manner perform its duties, actively protect the rights, freedoms and interests of principals by all means not prohibited by law, guided by the Constitution of the Russian Federation, law andthis Code;
2) respect the rights, honor and dignity of persons who apply to him for legal assistance, principals, colleagues and others, adhere to the manner of behavior and style of clothing appropriate to business communication;
3) constantly improve their knowledge independently and improve their professional level in the order established by the bodies of advocate self-government;
4) conduct legal proceedings;
5) to provide the Chamber of Attorneys of the subject of the Russian Federation with up-to-date information on the lawyer's address, including electronic one, for notifications and notices.
Article 9
- An advocate is not entitled:
1) to act contrary to the legitimate interests of the principal, to provide legal assistance, guided by self-interest, immoral interests or under pressure from outside;
2) to occupy the position opposite to the position of the principal in the case, and to act contrary to his will, except when the defense attorney is convinced of the existence of the self-incrimination of his client;
3) make public statements about the proof of the guilt of the principal, if he denies it;
4) disclose, without the consent of the principal, the information communicated to them by the lawyer in connection with the provision of legal assistance to him and use them for his own benefit or in the interests of third parties;
5) accept orders to provide legal assistance in an amount that is known to be greater than the lawyer is able to perform;
6) to impose their assistance to individuals and involve them as trustees by using personal connections with employees of judicial and law enforcement bodies, promising a safe resolution of the case and other unworthy ways;
7) to allow in the course of proceedings cases statements that detract from the honor and dignity of other participants in the proceedings, even in the case of their tactless behavior;
8) acquire in any way in personal interests property and property rights that are the subject of a dispute in which the lawyer participates as a person providing legal assistance;
9) to provide legal assistance for the appointment of the inquiry bodies, preliminary investigation bodies or the court in violation of the procedure for its provision established by the decision of the Council;
10) provide legal assistance in the context of a conflict of interests of trustees, as provided for in Article 11 of this Code.
- A lawyer has the right to combine advocacy with a lawyer in which he carries out his legal practice, as well as working in elective and other positions in the Bar of the constituent entity of the Russian Federation, the Federal Chamber of Advocates, and public associations of lawyers.
Execution by a lawyer of the powers conferred on him in connection with the election( appointment) to a position in the advocate chamber of a constituent entity of the Russian Federation or the Federal Chamber of Advocates, as well as the performance by a lawyer of the powers of the head or other elected( appointed) person of an advocate entity( division)duty and does not apply to labor relations.
The remuneration paid to an advocate for his work in law education, the Chamber of Attorneys of a constituent entity of the Russian Federation and the Federal Chamber of Advocates in connection with the exercise of these powers, is of the character of a compensation award.
- A lawyer is not entitled to provide legal services( legal assistance) outside the framework of advocacy, except for the settlement of disputes, including as a mediator, arbitrator, participation in charitable projects of other civil society institutions that provide legal aid on a non-as well as other activities in cases provided for by law.
The lawyer has the right to engage in scientific, teaching, expert( including in the organs and institutions of the Federal Chamber of Advocates and Lawyers' Chambers of the Russian Federation, as well as in lawyer formations) and other creative activities.
An advocate has the right to invest and dispose of his property, including real estate, and also to extract income from other sources, for example, from renting a property( rent), if this activity does not involve the use of the status of a lawyer.
3.1.Cooperation with the bodies that carry out operational-search activity during the course of advocacy is incompatible with the status of a lawyer.
- The performance of professional duties on accepted assignments should have priority for the attorney over other activities.
A lawyer's performance of other activities should not defame the honor and dignity of the lawyer or cause damage to the authority of the bar.
- In any situation, including outside professional activities, the lawyer is obliged to preserve honor and dignity, to avoid anything that could damage the authority of the bar or undermine its credibility, provided that the lawyer's affiliation to the bar association is obvious or follows from hisbehavior.
Article 10
- The law and morality in the profession of a lawyer are higher than the will of the principal. Any requests, requests or requests of the principal directed to non-compliance with the law or violation of the rules provided by this Code can not be performed by a lawyer.
- An advocate can not give a person who asked for legal assistance, or a trustee, a promise of a positive result of the assignment.
- A lawyer should not accept an order if its execution will interfere with the execution of another, previously accepted instruction.
- A lawyer should not place himself in debt dependence on the principal.
- A lawyer should not allow a familiar relationship with the principal.
- Upon cancellation of an order, the attorney must immediately return to the trustor all the original documents received from the latter in the case and the power of attorney, as well as upon cancellation or execution of the order - to provide the client with a report on the work done at his request.
- When executing an order, the lawyer proceeds from the presumption of authenticity of the documents and information provided by the principal, and does not conduct additional verification.
- The duties of an attorney established by applicable law when providing legal assistance to them free of charge in cases stipulated by law, or at the appointment of the inquiry body, the preliminary investigation body or the court, do not differ from the duties when rendering legal assistance for the fee.
- If, after accepting the instruction, in addition to the order for defense in the criminal case at the preliminary investigation and in the court of first instance, there will be circumstances in which the lawyer was not entitled to receive the instruction, he must terminate the agreement. When deciding on the impossibility of fulfilling the instruction and the termination of the agreement, the lawyer should, if possible, inform the client about it in advance so that the latter can apply to another lawyer.
Article 11
- An advocate is not entitled to be an adviser, defender or representative of several parties in one case whose interests contradict one another, or can only facilitate the reconciliation of the parties.
- If, as a result of specific circumstances, there is a need to provide legal assistance to persons with different interests, as well as with the potential for conflict of interest, lawyers who provide legal assistance jointly on the basis of a partnership agreement are required to obtain the consent of all parties to a conflict to continue fulfilling the mandate and ensure equal opportunitiesfor the legal protection of these interests.
Article 12
In attending litigation and representing the interests of the principal in public authorities and local self-government bodies, the lawyer must comply with the rules of the relevant procedural legislation, show respect for the court and persons participating in the case, monitor compliance with the law with respect to the principal andin the event of violation of the rights of the latter, solicit for their elimination.
Objecting to the actions( inaction) of judges and persons participating in the case, the lawyer must do this in the correct form and in accordance with the law.
Article 13
- In addition to the cases provided for by the law on advocacy and advocacy, the lawyer is not entitled to receive an instruction for the defense in one criminal case from two or more persons if:
1) the interests of one of them contradict the interests of the other;
2) the interests of one, although not contrary to the interests of the other, but these individuals hold different positions on the same episodes of the case;
3) it is necessary to protect persons who have reached and not reached adulthood.
- An attorney who, in the order of appointment or by agreement, has been instructed to carry out defense in a criminal case, can not refuse to defend himself, except in the cases specified in the law, and must perform the duties of counsel, including, if necessary, preparing and filing an appeal against the verdict of the court.
An attorney who has accepted an order for defense at the preliminary investigation stage in the order of appointment or by agreement, is not entitled to refuse without excuse from protection in the court of first instance.
- A defense counsel should not unnecessarily degrade the situation of other defendants. Any actions of a lawyer directed against other defendants, whose interests are contrary to the interests of the defendant, are justified only if the client's defense can not be fully implemented without it.
- A defense lawyer must appeal against a sentence:
1) at the request of the defendant;
2) if the court did not share the position of the defense lawyer and / or defendant and appointed a more severe punishment or punishment for a more serious crime than the lawyer and / or defendant asked;
3) in the presence of grounds for cancellation or modification of the sentence on the grounds favorable to the client.
The client's refusal to appeal the sentence is recorded by his written application to the lawyer.
Article 14
- If it is impossible to arrive at the appointed time at the appointed time at an appointed time for participation in a court session or investigative action, or when intending to apply for a different time for them, the lawyer should notify the court or investigator in advance, as well as informabout this to other lawyers participating in the process, and to coordinate with them the time for the completion of procedural actions.
- An advocate has the right to talk with the procedural adversary of his principal, whom another lawyer represents, only with the consent or in the presence of the latter.
- When using the right to leave( rest), the lawyer should take measures to ensure the legitimate rights and interests of the principal.
Article 15
- An attorney builds his relations with other lawyers on the basis of mutual respect and respect for their professional rights.
- Lawyer should not:
1) use expressions that impair the honor, dignity or business reputation of another lawyer or the authority of the bar;
2) to use in interviews with persons who have applied for legal aid and with trustees expressions that discredit another lawyer, as well as criticism of the correctness of actions and consultations of a lawyer who previously provided legal assistance to these persons;
3) discuss with the persons who applied for legal assistance and with the trustees the validity of the fee charged by other lawyers.
- An advocate can not induce a person who has come to an attorney's education to another lawyer to enter into an agreement to provide legal assistance between himself and that person.
- An advocate is required to notify the Council of the acceptance of a commission to conduct a case against another lawyer.
If the lawyer accepts an assignment to represent the principal in a dispute with another lawyer, he must inform the colleague and, in the interests of the principal, suggest ending the dispute with the world.
- Relations between lawyers should not affect the protection of the interests of the parties involved in the case. A lawyer is not entitled to surrender the interests of the principal either in the name of comrades, or in the name of any other relationship.
- A lawyer is required to carry out decisions of the bodies of the Bar Association and the bodies of the Federal Chamber of Advocates, taken within their competence.
- A lawyer is obliged to participate personally or financially in providing legal assistance free of charge in cases provided for by law, or at the appointment of an inquiry body, a preliminary investigation body or a court in the manner determined by the Chamber of Attorneys of a constituent entity of the Russian Federation.
- Lawyers - heads of lawyers 'units( divisions) and heads of lawyers' chambers of the constituent entities of the Russian Federation are obliged to take measures for the proper performance by lawyers of professional duties on participating in legal aid free of charge and for designated purposes, as well as for allocations for the general needs of the bar and otherdecisions of the bodies of the Chamber of Attorneys and the Federal Chamber of Advocates adopted within their competence.
Article 16
- A lawyer is entitled to receive a fee( fee) due to him for the work performed, as well as to recover the costs and expenses incurred by him.
- The fee is determined by the agreement of the parties and can take into account the amount and complexity of the work, the length of time necessary for its implementation, the experience and qualifications of the lawyer, the timing, the degree of urgency and other circumstances. The agreement on rendering legal assistance may contain a condition on making a principal to the cashier or transferring monetary sums to the settlement account of an attorney's education( unit) as advance payments.
- A lawyer is entitled to include in the agreement on legal assistance the conditions under which the payment of remuneration is made dependent on the favorable outcome of the consideration of the property dispute for the principal.
3.1.An advocate is entitled to accept monetary funds in payment for legal assistance under an agreement for a principal from third parties( with the knowledge of the principal).In this case, the lawyer is not obliged to check the relationship between the principal and the payer - a third party.
- The lawyer has the right, with the consent of the principal, to divide the fee with the persons involved in the provision of legal assistance.
- A lawyer is prohibited from accepting from the principal any property to secure a fee agreement.
- In the event that in the course of providing legal assistance, lawyers accept the assignment of the principal for the disposal of funds belonging to the trustor( hereinafter referred to as the "trustee's funds"), the following rules must be observed for lawyers:
- the principal's funds must always be in the bank account or in any- or another organization( including professional participants of the securities market), which allows to exercise control by the authorities for the operations performed, except for the casein the presence directly or indirectly with respect to the order of the principal use of any other manner;
- in the documents accompanying each operation with the creditor's funds, an instruction should be provided on the commission of this operation by a lawyer on behalf of the principal;
- payments to any person from the client's funds, carried out on his behalf or in his interests, can be made only if there is an appropriate direct or indirect instruction of the principal expressed in writing;
- an attorney in the order of legal proceedings is required to keep records of financial documents regarding the execution of instructions for conducting operations with trust funds, which must be provided to the trustee at his request.
Article 17
- Information about attorney and lawyer education is permissible if it does not contain:
1) evaluation characteristics of the lawyer;
2) reviews of other persons about the work of a lawyer;
3) comparisons with other lawyers and criticism of other lawyers;
4) statements, allusions, ambiguities, which may mislead potential clients or cause them unfounded hopes.
- If a lawyer( lawyer) has learned of the dissemination without his knowledge of information about his activities that do not meet these requirements, he is obliged to inform the Council about this.
Article 18
- Violation by a lawyer of the requirements of the legislation on advocacy and advocacy and this Code, committed intentionally or through gross negligence, entails the application of disciplinary measures provided for by the law on advocacy and the legal profession and this Code.
- The action( inaction) of a lawyer formally containing signs of violation of the requirements of the law on advocacy and the legal profession and this Code, provided for in paragraph 1 of this article( hereinafter - violation) can not result in the application of disciplinary measures; however, due to insignificance, the defamatory honor and dignity of a lawyer, which does not diminish the authority of the bar and does not cause significant harm to the trustee or the bar.
- An advocate who acted in accordance with the Council's explanations regarding the application of the provisions of this Code can not be brought to disciplinary responsibility.
- Disciplinary measures are applied only within the framework of disciplinary proceedings in accordance with the procedures provided for in Section 2 of this Code. The application of disciplinary measures to a lawyer, including the termination of the status of an advocate, is the exclusive competence of the Council.
In determining the measure of disciplinary responsibility, the severity of the committed misdemeanor, the circumstances of its commission, the form of guilt, other circumstances recognized by the Council as essential and taken into account when making a decision must be taken into account.
- Disciplinary measures can be applied to a lawyer no later than six months after the discovery of the offense, not counting the time of the lawyer's illness, finding him on vacation.
Disciplinary measures can be applied to a lawyer if, after the violation was committed, no more than two years have elapsed, and in case of a continuing violation, from the moment of its termination( suppression).
- Disciplinary liability is:
1) remark;
2) warning;
3) termination of the status of attorney.
- In the decision of the Council on the termination of the status of a lawyer for violation of the norms of the law on advocacy and the legal profession and this Code, a period is established, after which the said person is allowed to pass the qualification examination for acquiring the status of an attorney. The specified term can be from one year to five years.
Article 18.1
The conscientious performance by a lawyer of professional duties with unconditional observance of the norms of this Code is the basis for his promotion.
The procedure( procedure) for submission to the promotion, the types, forms and methods of promotion are determined by the relevant provisions( charters) of the lawyer's education, the Chamber of Attorneys of the subject of the Russian Federation, the Federal Chamber of Advocates.
When promoting a lawyer, the principles of legality, openness and transparency are respected.
Article 18.2
- The Ethics and Standards Commission is a collegial body of the Federal Chamber of Advocates that develops standards for the provision of qualified legal assistance and other standards of advocacy and profession( hereinafter referred to as the Standards), providing explanations on the application of this Code, as well as exercising other powers incompliance with this Code and the Commission Regulation on Ethics and Standards.
The Regulations of the Commission on Ethics and Standards are approved by the Council of the Federal Chamber of Advocates.
- The Ethics and Standards Commission is formed for a period of four years in the amount of 16 members according to the following norms of representation:
- from lawyers - the president of the Federal Chamber of Advocates, as well as nine lawyers elected by the All-Russian Bar Association on the recommendation of the Council of the Federal Chamber of Advocates;
- from the federal body of justice - two representatives;
- from the State Duma of the Federal Assembly of the Russian Federation - two representatives;
- from the Federation Council of the Federal Assembly of the Russian Federation - two representatives.
The President of the Federal Chamber of Advocates is the chairman of the Ethics and Standards Commission for the position.
- The Ethics and Standards Commission, on the proposal of the Chairman of the Ethics and Standards Commission, elects two or more Vice-Chairpersons for a term of two years.
- The meeting of the Ethics and Standards Commission is considered competent if at least half of its members participate in its work.
- Commission on Ethics and Standards:
1) develops for the approval of the All-Russian Congress of Lawyers binding standards for all attorneys, and also generalizes the practice of their application. Standards must comply with the law on advocacy and the legal profession and should not contradict this Code;
2) at the request of the President of the Federal Chamber of Advocates, the Council of the Federal Chamber of Advocates, the Council of the Chamber of Advocates of the subject of the Russian Federation, with subsequent approval by the Council of the Federal Chamber of Advocates, explanations on the application of this Code and the Regulations on the procedure for passing the qualification examination andassessment of knowledge of applicants;
3) summarizes the disciplinary practice that exists in the chambers of the constituent entities of the Russian Federation and, in this connection, develops the necessary recommendations for approval by the Council of the Federal Chamber of Advocates;
4) exercises other powers provided for by the Commission on Ethics and Standards.
- Decisions of the Ethics and Standards Commission are made by a simple majority of the members of the Ethics and Standards Commission participating in its meeting. With equality of votes, the vote of the chairman of the Ethics and Standards Commission is decisive.
Section two. Procedure Procedures for Disciplinary Proceedings
Article 19
- The procedure for reviewing and resolving complaints, submissions, appeals against lawyers( including heads of lawyers' entities, units) is established by this section of the Code.
- The act of a lawyer that defames his honor and dignity, detracts from the authority of the bar, the failure or improper performance by a lawyer of his professional duties to the principal, as well as the failure to comply with the decisions of the bodies of the bar, must be considered by the relevant qualification commission and the Council, whose meetings are held in accordance with the proceduresdisciplinary proceedings provided for in this Code.
If there is disciplinary proceedings against a lawyer, his application for termination of the status or for changing his membership in the bar can be considered after the completion of the disciplinary proceedings.
- Disciplinary proceedings must ensure timely, objective and fair consideration of complaints, representations, appeals against a lawyer, their authorization in accordance with the law on advocacy and advocacy and this Code, as well as the implementation of the decision.
- When carrying out disciplinary proceedings, measures are taken to protect the information that constitutes the privacy of the persons who have lodged complaints, commercial and legal secrets, and measures to achieve reconciliation between the lawyer and the applicant.
The Qualification Commission and the Council, at the request of the person who filed the complaint, the submission, the request, and with the consent of other participants in the disciplinary proceedings, have the right to decide on the whole or in part open proceedings in the relevant body.
Persons present at an open hearing have the right to take notes, record it with the help of sound recording equipment. Cine and photographing, video recording, as well as broadcasting of proceedings on radio and television are allowed with the permission of the presiding member of the qualification commission or the Council.
- Disciplinary proceedings are carried out only by the Qualification Commission and the Council of the Bar Association, of which the lawyer is a member at the time of commencement of such proceedings.
- After the initiation of disciplinary proceedings, persons, bodies and organizations that have filed complaints, representations, appeals, lawyers against whom disciplinary proceedings have been instituted, as well as representatives of the listed individuals, bodies and organizations are participants in disciplinary proceedings.
- The withdrawal of the complaint, submission, appeal or reconciliation of the lawyer with the applicant, expressed in writing, is possible before the decision is taken by the Council and may lead to the termination of disciplinary proceedings on the basis of the decision of the Council for the conclusion of the Qualification Commission. Repeated excitation of disciplinary proceedings on this subject and ground is not allowed.
Article 20
- The following are the grounds for instituting disciplinary proceedings:
1) a complaint filed with the advocate's chamber by another lawyer, the attorney of the lawyer or his legal representative, or, if the lawyer refuses to accept the commission without sufficient grounds, the complaint of the person applying for legal assistancein the order of Article 26 of the Federal Law "On Advocacy and Advocacy in the Russian Federation";
2) a representation submitted to the Chamber of Attorneys by the Vice-President of the Chamber of Attorneys or by a person substituting for him;
3) a representation submitted to the Chamber of Attorneys by a public authority authorized in the field of advocacy;
4) the appeal of the court( judge) reviewing the case, the representative( advocate) for which advocate advocates, to the bar of advocates.
- The complaint, presentation, appeal are recognized as valid reasons for instituting disciplinary proceedings if they are filed in writing and include:
1) the name of the advocate chamber to which the complaint is lodged, submission, appeal;
2) last name, first name, patronymic of the lawyer who filed a complaint against another lawyer, membership in the bar and lawyer education;
3) surname, name, patronymic of the principal of the lawyer, his place of residence or the name of the institution, organization, if they are the complainants, their location, and also the last name, first name, patronymic( name) of the representative and his address if the complaint is filed by the representative;
4) name and location of the public authority, as well as the last name, first name, patronymic of the official who submitted the submission or appeal;
5) surname and first name( initials) of the lawyer, with respect to which the issue of initiation of disciplinary proceedings is raised;
6) the specific actions( inaction) of the lawyer, in which he violated the requirements of the legislation on advocacy and the legal profession and( or) this Code;7) the circumstances in which the person who filed the complaint, the submission, the appeal, bases his claims, and the evidence supporting these circumstances.
2.1.When several complaints, representations or appeals are received in relation to one lawyer, the president of the Chamber of Advocates of the subject of the Russian Federation or the person substituting him has the right to initiate a joint disciplinary procedure on them, and the qualification commission and the Council have the right to unite in one several disciplinary proceedings instituted against one lawyer.
- Each participant in the disciplinary proceedings has the right to offer, verbally or in writing, a means of resolving the disciplinary case. The person demanding the involvement of a lawyer in disciplinary responsibility should indicate the specific actions( inaction) of the lawyer in which he violated the requirements of the legislation on advocacy and the legal profession and( or) this Code.
- can not be an acceptable reason for initiating a disciplinary proceeding of a complaint, petition, submission of persons not mentioned in paragraph 1 of this article, as well as complaints, appeals and representations of persons specified in this article, based on the actions( inaction) of the lawyer( including the leaderlawyer education, unit), not related to the fulfillment of the requirements of the legislation on advocacy and advocacy and( or) this Code.
- can not be an acceptable reason for initiating a disciplinary proceeding of a complaint and the appeal of other lawyers or bodies of legal entities that arose from the relations for the creation and functioning of these entities.
- Anonymous complaints and communications about actions( inaction) of lawyers are not considered.
Article 21
- The President of the Chamber of Attorneys of the Subject of the Russian Federation or the person substituting him, upon receipt of the documents provided for in paragraph 1 of Article 20 of this Code, by his order initiates disciplinary proceedings not later than ten days from the date of their receipt. In necessary cases, this period may be extended to one month by the President of the Chamber of Attorneys of the Subject of the Russian Federation or by a person substituting for him. Participants of disciplinary proceedings are informed in advance of the place and time of disciplinary proceedings by the qualification commission, they are given the opportunity to get acquainted with all the materials of disciplinary proceedings.
Notices and other documents sent to an attorney in accordance with this Code are sent to the attorney's address.
Upon receipt of documents provided for in paragraph 1 of Article 20 of this Code, counsel shall, at the request of the Qualification Commission, submit to the appropriate advocate chamber of the subject of the Russian Federation a lawyer's proceeding, including an agreement on rendering legal assistance and documents on cash payments between the attorney and the principal.
1.1.In exceptional cases, in order to ensure uniform application of the norms of legislation on advocacy and advocacy, this Code and the unity of disciplinary practice, as well as compliance with decisions of the Federal Chamber of Advocates and its bodies, the president of the Federal Chamber of Advocates, on his own initiative or on the proposal of the vice-president, initiates disciplinary proceedings into the attorney in obtaining information about the presence in the actions( inaction) of the lawyer of the violation of the norms of the law on advocatesactivity and advocacy, this Code, failure to perform or improper performance of his duties, and sends a disciplinary case to the Bar of the subject of the Russian Federation, of which the lawyer is a member, for consideration by the Qualification Commission and the Council in the manner provided by this Code.
- In case of receiving complaints, submissions and appeals that can not be recognized as an acceptable reason to initiate disciplinary proceedings, as well as those received from persons who do not have the right to raise the issue of initiating it, or if circumstances are discovered that exclude the possibility of instituting disciplinary proceedings, the President of the Chamberor a person replacing him, by his order refuses to initiate him, returns these documents to the applicant, indicating the grounds for the decision.
- Circumstances precluding the possibility of disciplinary proceedings are:
1) an earlier decision of the Disciplinary Board with the same participants on the same subject and grounds;
2) an earlier decision of the Council to terminate disciplinary proceedings on the basis provided for in paragraph 1 of Article 25 of this Code;
3) expiration of the application of disciplinary measures.
- An order to refuse to initiate disciplinary proceedings or to initiate disciplinary proceedings should indicate the reasons for the decision.
Article 22
Disciplinary proceedings include the following stages:
1) instituting disciplinary proceedings;
2) Proceedings in the Qualification Commission of the Chamber of Attorneys of the Subject of the Russian Federation;
3) Proceedings in the Council of the Chamber of Attorneys of the Subject of the Russian Federation.
Article 23
- A disciplinary file submitted to the Qualification Commission of the Chamber of Attorneys of a Subject of the Russian Federation shall be considered no later than two months, not counting the time for which the disciplinary case has been adjourned for reasons recognized by the Qualification Commission as valid.
Proceedings in the Qualification Commission of the Chamber of Attorneys of the Subject of the Russian Federation are carried out verbally, based on the principles of competitiveness and equality of participants in disciplinary proceedings.
Before the commencement of the proceedings, all members of the Qualification Commission are warned about the inadmissibility of disclosure and the protection of information that has become known during the proceedings, which constitute the privacy of disciplinary proceedings, as well as commercial, legal and other secrets.
- The Qualification Commission shall give an opinion on the initiated disciplinary proceedings at the meeting in which the proceedings were held on the merits, on the basis of a direct examination of the evidence submitted by the participants in the proceedings prior to the commencement of the proceedings, as well as their oral explanations.
Written evidence and documents that the participants intend to submit to the commission should be submitted to its secretary no later than ten days prior to the meeting. The Qualification Commission may accept from the participants of the disciplinary procedure for consideration additional materials directly in the proceedings, if they could not be submitted in advance. In this case, the commission, at the request of the participants in the disciplinary proceedings, may postpone the proceedings to familiarize themselves with the newly submitted materials.
- The failure to attend any of the participants in the disciplinary proceedings is not grounds for adjournment of the proceedings. In this case, the qualification commission examines the case on the merits based on available materials and listens to those participants in the proceedings who appeared at the meeting of the commission.
- Proceedings in the commission are carried out within the limits of those requirements and on the grounds that are set out in the complaint, presentation, appeal. Change of the subject and( or) the basis of the complaint, presentation, appeal is not allowed.
- Participants of disciplinary proceedings from the moment of its initiation have the right:
1) to get acquainted with all materials of disciplinary proceedings, to make extracts from them, to remove from them copies, including by means of technical means;
2) participate in the meeting of the commission personally and( or) through a representative;
3) to give oral and written explanations on the merits of the proceedings, to present evidence;
4) to get acquainted with the minutes of the meeting and the conclusion of the commission;
5) in case of disagreement with the conclusion of the commission to present its explanations to the Council.
- At the request of participants in disciplinary proceedings or on their own initiative, the commission has the right to request additional information and documents necessary for an objective examination of the disciplinary case.
- An advocate with respect to whom a disciplinary proceeding has been instituted has the right to take measures to reconcile with the person filing the complaint before the decision of the Council. The lawyer and his representative give the committee's last explanations.
- The Qualification Commission is obliged to render an opinion on the merits, if by the time the disciplinary proceeding was initiated, the terms provided for in Article 18 of this Code have not expired.
- Based on the results of the proceedings, the qualification commission has the right to make the following judgments:
1) about the presence in the actions( inaction) of the lawyer of the violation of the norms of the law on advocacy and advocacy and( or) this Code, or about the failure or improper performance of his duties to the principal, oron non-enforcement of decisions of the bodies of the Bar Association;
2) on the need to stop the disciplinary proceedings due to the lack of action( inaction) of the lawyer in violation of the norms of the law on advocacy and the legal profession and( or) this Code, or due to the proper performance by a lawyer of his duties to the principal or the lawyers' chamber;
3) on the need to stop the disciplinary proceedings due to the earlier conclusion of the qualification commission and the decision of the Council of this or another chamber of advocates for production with the same participants for the same subject and reason;
4) on the need to stop the disciplinary proceedings due to the withdrawal of the complaint, the submission, the treatment or reconciliation of the person who filed the complaint, and the lawyer;
5) on the need to stop the disciplinary proceedings due to the expiration of the application of disciplinary measures;
6) on the need to stop the disciplinary proceedings due to the lack of an acceptable reason to initiate disciplinary proceedings during the proceedings.
- Proceedings in all cases are carried out in a closed meeting of the Qualification Commission, with the exception of cases provided for by paragraph 4 of Article 19 of this Code. The order of the proceedings is determined by the qualification commission and is brought to the notice of participants in the disciplinary proceedings. The meeting of the qualification commission is conducted by its chairman( the deputy appointed from among the members of the commission) who ensures order during its meeting. Violators of order can be removed from the meeting of the commission to resolve it. Participants in disciplinary proceedings may attend the announcement of the commission.
- The meeting of the qualification commission is fixed by a protocol, which reflects all the significant parties to the proceedings, as well as the wording of the conclusion. The protocol is signed by the chairman of the commission and the secretary of the commission. In cases that are considered necessary by the commission, a sound recording attached to the protocol may be conducted.
- In essence, the commission accepts the conclusion by voting with registered ballots, the form of which is approved by the Council. Formulations on issues for voting are proposed by the presiding member of the commission. Nominal voting bulletins for the members of the commission are attached to the protocol and are an integral part of it.
- At the request of the participants of the disciplinary proceedings, a certified copy of the commission's conclusion shall be handed over( sent) within ten days.
- The conclusion of the commission should be motivated and grounded and consist of an introductory, descriptive, motivational and resolutive parts.
The opening part of the conclusion shall specify the time and place of the conclusion, the name of the commission that issued it, the composition of the commission, the participants in the disciplinary proceedings, the motive for instituting disciplinary proceedings.
The descriptive part of the conclusion should contain an indication of the subject of the complaint or presentation( appeal), the explanation of the lawyer.
The reasoning for the conclusion must indicate the factual circumstances established by the commission, the evidence on which its conclusions are based, and the reasons why it rejects certain evidence, as well as the rules provided for by the legislation on advocacy and advocacy, this Code, by whichThe Commission was guided by the conclusion.
The resolution part of the conclusion should contain one of the formulations provided for in paragraph 9 of this article.
Article 24
- The disciplinary case submitted to the Chamber Council with the conclusion of the Qualification Commission must be considered no later than two months after the date of the conclusion, except for the time for the adjournment of the disciplinary case for reasons deemed valid by the Council. Participants in disciplinary proceedings are notified of the place and time of the meeting of the Council.
- The Board considers complaints, representations and appeals in the manner established by its regulations, taking into account the specifics specified in this section of this Code.
- Participants in disciplinary proceedings shall not later than ten days after the qualification commission makes a conclusion through its secretary to the Council a written statement expressing disagreement with the conclusion or its support.
- The Board does not have the right to review the conclusions of the commission in the part of the factual facts established by it, to consider that factual circumstances not established by it have been established, as well as to go beyond the complaint, submission, appeal and conclusion of the commission.
- The disciplinary proceedings are heard in the Council in a closed session, except for cases provided for by paragraph 4 of Article 19 of this Code. The failure to attend any of the participants in the disciplinary proceedings shall not impede the proceedings and the adoption of the decision. Participants in disciplinary proceedings are given equal rights to present their arguments in support of or against the conclusion of the qualification commission, to speak on the merits of disciplinary measures proposed in respect of the lawyer.
- The decision of the Council should be motivated and contain a specific reference to the rules provided for by the law on advocacy and advocacy, this Code, in accordance with which the actions( inaction) of the lawyer were qualified.
- The Council, taking into account the specific circumstances of the case, must take measures to reconcile the lawyer and the person filing the complaint.
- The decision on the complaint, submission, appeal is made by the Council by voting. The resolutive part of the decision shall be announced to the participants of the disciplinary proceedings immediately after the end of the proceedings in the same meeting. At the request of the participant in the disciplinary proceedings, a certified copy of the decision is sent to him( within a ten-day period).A certified copy of the decision taken within ten days shall be sent to the lawyer's education, in which the lawyer is composed, for disciplinary proceedings against which a decision has been taken.
If the decision to terminate the status of an attorney is made, a copy of the decision shall be delivered( sent) to the person in respect of whom the decision to terminate the status of the lawyer or his representative is made, regardless of the request for it.
Article 25
- The Council has the right to take the following decision on disciplinary proceedings:
1) about the presence in the actions( inaction) of the lawyer of the violation of the norms of the law on advocacy and advocacy and( or) this Code, the failure or improper performance of his duties to the principal orthe Bar Association and the application to the advocate of disciplinary measures provided for in Article 18 of this Code;
2) on the termination of disciplinary proceedings against a lawyer due to the lack of violation of the norms of the law on advocacy and advocacy and( or) this Code or due to the proper discharge of his duties to the principal or the Chamber of Attorneys on the basis of a commission conclusion orcontrary to it, if the factual circumstances of the commission are established correctly, but it made a mistake in the legal assessment of the act of the lawyer or the interpretation of the law and this codeksa;
3) on the termination of disciplinary proceedings due to the earlier conclusion of the qualification commission and the decision of the Council of this or another chamber of advocates for production with the same participants, for the same subject and grounds;
4) on the termination of disciplinary proceedings due to the withdrawal of the complaint, submission, appeal or reconciliation of the person who filed the complaint and the lawyer;
5) on the direction of disciplinary proceedings of the qualification commission for the new proceedings;
6) on the termination of disciplinary proceedings due to the expiration of the application of disciplinary measures, which was revealed during the proceedings by the Council or the Commission;
7) on the termination of disciplinary proceedings due to the insignificantness of the offense committed by the lawyer, indicating the lawyer for the violation committed;
8) on the termination of disciplinary proceedings due to the lack of an acceptable motive to initiate disciplinary proceedings revealed during the proceedings by the Council or the Commission.
The termination of disciplinary proceedings on the grounds specified in subparagraph 6 of paragraph 1 of this article shall not be permitted if the lawyer against whom disciplinary proceedings are instituted objects to this. In this case, disciplinary proceedings continue in the usual manner.
1.1.In the decision of the Disciplinary Board on the application of disciplinary measures to the advocate in the form of termination of the status of an advocate, the period provided for in paragraph 7 of Article 18 of this Code shall be established.
- In accordance with the Federal Law "On Advocacy and Advocacy in the Russian Federation", the decision of the Council of the Chamber of Advocates to terminate the status of an attorney may be appealed to the court in connection with the violation of the procedure for its adoption by a person disciplined in a month from the day whenHe became aware or he had to learn about the decision.
- The Council has the right to cancel or change its decision to apply disciplinary measures to a lawyer in the presence of new and( or) newly discovered circumstances.
Article 26
- If within one year from the date of imposing a disciplinary sanction the lawyer will not be subjected to a new disciplinary penalty, he is considered to have no disciplinary penalty. The Council has the right, before the expiry of the year, to withdraw the disciplinary penalty on its own initiative, at the request of the lawyer himself, at the request of the lawyer's education, in which the lawyer is composed.
- Materials of disciplinary proceedings are kept in the affairs of the Council for three years from the date of the decision. The materials of the disciplinary proceedings, on which the decision was taken to terminate the status of advocate, are kept in the affairs of the Council for five years from the date of the decision.
- After the specified period, the disciplinary proceedings can be destroyed by the decision of the Council.
- Disclosure of disciplinary proceedings is not permitted.
- Decisions of the Disciplinary Board can be published without mentioning the names of its participants.
Article 27
This Code, as well as amendments and additions to it, come into force from the moment the All-Russian Congress adopts lawyers.
Judicial practice and legislation - "Code of professional ethics of the lawyer"( adopted by the 1st All-Russian Congress of Advocates on January 31, 2003)
"Appeal on compliance with the norms of the Code of Professional Ethics of Advocates and the Standard for the Advocacy of Defense in Criminal Proceedings"( adopted by the VIII All-Russian Congress of Advocates 04/20/2017)
The amendments and additions to the Code of Professional Ethics for Advocates adopted by the VIII All-Russian Congress of Advocates, as well as the Standard for the Advocate's Defense in Criminal Justicedstve were the result of accounting changes made to the Federal Law "On Advocacy and the Legal Profession in the Russian Federation" and the implementation of decisions of previous Congresses and of the Council of the Russian Federation of the APF.
"Standard for the implementation of defense counsel in criminal proceedings"( adopted by the VIII All-Russian Congress of Advocates on 20.04.2017)
No provision of the Standard shall be construed as prescribing or permitting a lawyer( "lawyer" or "defender") to act contrary to the independence of counsel,provided that he complies with the requirements of the legislation on advocacy and the legal profession and the Code of Professional Ethics of the lawyer, as well as the norms of criminal procedure legislation.
& lt; Letter & gt;Ministry of Construction of the Russian Federation of March 21, 2017 N 9023-ACh / 04 "On certain issues on the development of project documentation and verification of the reliability of determining the estimated cost of construction, reconstruction, overhaul of capital construction projects within the framework of the priority project" Formation of a comfortable urban environment "
No provision of the Standard shall be construed as prescribing or allowing a lawyer( "advocate" or "advocate") to act contrary to the independence of the lawyer, provided that he complies with the requirements of the law on advocacy and the legal profession and the Code of Professional Ethics of counsel,criminal procedural legislation.
Decree of the Plenum of the Supreme Court of the Russian Federation of 30.06.2015 N 29 "On the practice of courts applying legislation that provides the right to protection in criminal proceedings"
If there is a contradiction between the interests of the accused, advocated by one lawyer( confessing one and challenging one by oneand the same episodes of the case, the conviction of one of the accused of another, etc.), then such a lawyer is subject to challenge( clause 3 of part 1 of Article 72 of the Code of Criminal Procedure, subparagraph 2 of paragraph 4 of Article 6 of the Federal Law of May 31, 2002 N 63-FZ "About the lawyer"Article 13( 1) of the Code of Professional Ethics for Advocates( adopted by the All-Russian Congress of Advocates on January 31, 2003)
Extract from the minutes of the meeting of the Council of the Federal Chamber of Advocates dated 21.06.2010 No. 5( as amended on 28.09..2016) & lt; About the Methodological Recommendations & gt;( together with the "Methodological Recommendations for Conducting the Lawyer's Proceedings")
In accordance with the Federal Law "On Advocacy and Advocacy in the Russian Federation"( paras.1 p. 1 of Art.7) and the Code of Professional Ethics of the lawyer( Clause 1, Article 8), the lawyer must honestly, reasonably, conscientiously and professionally perform his professional duties. For failure to perform his duties, an attorney can be brought to disciplinary responsibility( clause 2 of Article 7 of the Federal Law "On Advocacy and Advocacy in the Russian Federation").
"List of questions for inclusion in examination tickets when accepting the qualification examination from persons claiming to acquire the status of an attorney( for an oral interview)"( approved by the Council of the Federal Chamber of Advocates on January 28, 2016)( as amended on September 28, 2016)
- Powers and Responsibilitieslawyer in accordance with the Federal Law "On Advocacy and Advocacy in the Russian Federation", the Code of Professional Ethics of Advocates and procedural laws.
- Obligation of the Advocate for Advanced Studies: Importance and Forms of Implementation.
Federal Law No. 160-FZ of 02.06.2016 "On Amending Articles 5.39 and 13.14 of the Code of Administrative Offenses of the Russian Federation and the Federal Law" On Advocacy and Advocacy in the Russian Federation "
" 7.The idea of instituting disciplinary proceedings entered in the Chamber of Attorneys of a constituent entity of the Russian Federation by a territorial justice authority is considered by the Qualification Commission and the Council of the Chamber of Advocates of the Subject of the Russian Federation in the manner prescribed by the Code of Professional Ethics of the Attorney. ";
Definition of the Constitutional Court of the Russian Federation of 15.01.2016 N 186-O "On the complaint of a citizen Moshkin Mikhail Igorevich on violation of his constitutional rights by articles 165, 183 and 399 of the Code of Criminal Procedure of the Russian Federation"
Thus, the manufacture of a court-specification of the relevant object in the relevant court decision( subject, document), which makes it possible to exclude unreasonable research and seizure( copying) of items, documents not specified inthe court decision, in particular, contained in the materials of the lawyer's proceeding, conducted( formed) by the lawyer on the affairs of his other clients, while the lawful nature of the formation( formation) of such materials is presumed( the current legislation on the bar does not directly require lawyers,follows from paragraph 3 of Article 8 of the Federal Law "On Advocacy and Advocacy in the Russian Federation", as well as from paragraph 9 of Article 6 of the Code of the Prossionalnoy lawyer ethics, according to which the materials are part of the lawyer of the proceedings, as well as attorney correspondence with the client must be clear and unambiguous manner are designated as belonging to a lawyer or emanating from it).
"Clarification of the Commission of the Federal Arbitration Court of the Russian Federation on Ethics and Standards on the Application of Cl.21 KPEA "(approved by the decision of the Council of the Federal Chamber of Advocates of 28.01.2016)
In response to the request of the President of the Federal Chamber of Advocates of September 16, 2015, the Commission of the Federal Chamber of Advocates for Ethics and Standards provides the following clarification on the application of Cl.21 of the Code of Professional Ethics of the lawyer.
"Clarification of the Commission of the Federal Arbitration Court of the Russian Federation on Ethics and Standards on the Application of Cl. 1 Art.17 KPEA "(approved by the decision of the Council of the Federal Chamber of Advocates of 28.01.2016)
In response to the request of the President of the Federal Chamber of Lawyers of the Russian Federation of January 27, 2016, the Commission of the Federal Chamber of Advocates of the Russian Federation on Ethics and Standards provides the following clarification on the application of Clause 1Art.17 of the Code of Professional Ethics of the lawyer.
Code of professional lawyer ethics: Examination for a lawyer, question number 25
Look at the video channel "Media-Zakon".
Advocate ethics from Roman Melnichenko: video lecture
Melnichenko RG Electronic textbook "Advocacy".Contents of the lecture.
- Introduction to legal ethics.
- Functions of legal ethics.
- Principles of lawyer ethics.
- Advocacy axiology.
- Lawyer deontology.
Advocacy ethics is the path to the fame of the bar.
The main source of advocacy ethics is a code of professional ethics for a lawyer.
Advocate's ethics are related to the institution of professional liability of a lawyer.
Lawyer ethics are the rules to which all lawyers are subject.
For lawyers, ethical rules are legal.
Lawyer ethics performs a number of functions:
- Unity of the corporation( functions of ethics).
- Freedom( functions of ethics).
- Trust( the function of ethics).
Principles of lawyer ethics:
- Universality( the principle of advocacy ethics).
- Presumption of knowledge( the principle of advocacy ethics).
- 3 Conflict prevention( the principle of advocacy ethics).
- The primacy of the client's interests( the principle of advocacy ethics).
Axiology is the moral of aspiration.
Maximum Ethicality( Axiology).
Honor and Dignity( Axiology).
Honesty, decency, conscientiousness( axiology).
Lawyer deontology - minimum, but precise and mandatory requirements for the behavior of a lawyer.
Kinds of deontological rules:
- Client( deontology).
- Organs( deontology).
- Lawyers( deontology).
- Corporation( deontology).
Source: http: //legalacts.ru/doc/ kodeks-professionalnoi-etiki-advokata-prinjat-vserossiiskim-sezdom /
