The following is an exclusive translation from the Russian press. The original source can be found here.
RBK daily, 08 May 2008
in cooperation with Handelsblatt
Left without a defense
Vladimir Putin will deprive lawyers of immunity
Before leaving the post of president, Vladimir Putin presented an unpleasant surprise to the legal community. At his initiative, a draft law has been introduced in the State Duma of the RF that allows bureaucrats to independently file an application for disbarment in court, as well as to question a lawyer with respect to any matters associated with the defense of clients’ interests. In the opinion of jurists, if the draft law is adopted, this will bring to naught the concept of attorney-client privilege and the principle of self-regulation of the legal community.
Attempts to place the bar under state control were undertaken in the year 2006. Then, the State Duma even adopted in the first reading a corresponding draft law, which had been prepared by a group of deputies. However, the document, encountering strong aversion on the part of the legal community, did not get further than the first reading.
Now, amendments to the law «On lawyers’ activity and the bar in the RF» have been introduced personally by Vladimir Putin on the last day of his sojourn at the post of president. According to the draft law, Rosregistratsiya [Federal Registration Service of the Ministry of Justice of the RF] has the right to demand the convocation of an extraordinary congress of lawyers, and its territorial branches to file an application in court for the disbarment of a lawyer. This will become possible in the event that the council of the chamber of lawyers has not examined such an application or has denied satisfaction thereof. The lawyers are going to have to resolve such questions quickly – the draft law gives the chamber of lawyers a month for consideration of a submission by the bureaucrats, instead of the three that are prescribed now.
In addition to this, Rosregistratsiya will obtain the right to request from a lawyer any documents associated with the defense of a client, as well as to obtain from him necessary explanations with respect to a case of interest. “This is an attempt to place the bar under the control of the state”, says Pyotr Dombrovitsky, a lawyer with the Moscow collegium of lawyers «Nikolayev and partners». In his opinion, now, bureaucrats will be able to exert pressure on the bar with respect to any case. “But many lawyers will simply avoid participation in scandalous trials out of fear of disbarment”, says Mr. Dombrovitsky. First to get hit will be professionals with a flamboyant and strong position, opposing bureaucrats, lawyer Leonid Olshansky is convinced.
The legal community is prepared to submit to the will of the ex-president, however it intends to work with the legislators for the sake of softening the norms. Lawyers are expecting that with the adoption of the amendments, the concept of attorney-client privilege will be brought to naught as well. Such a destiny will betide as well for the principles of the independence and self-regulation of the legal community. “The state is encroaching into a sphere that belongs to the intra-corporational regulation of professional activity”, considers the head of the press service of the Federal Chamber of Lawyers, Alexander Krokhmalyuk. “There have not been substantive indications that the corporation is not able to cope with its duties.”
The draft law is found within the framework of tightening the control of the state over all spheres, political scientists are convinced. Nor is the immediacy of its appearance accidental. “Putin made a present to new president Dmitry Medvedev, who officially comes out on the side of the interests of the legal community”, says the head of the department of regional research of the Center of Political Technologies, Rostislav Turovsky.
marina selina , 08.05.2008
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