In Russia will create a tool for getting rid of «manual» lawyers of the investigation

© Photo : courtesy of the press service of Topresident the Federal chamber of advocates Yury Pilipenko. Archive photoIn Russia will create a tool for getting rid of «manual» lawyers of the investigation© Photo : courtesy of the press service FPO

The process of selecting appointed counsel to participate in the investigative action plan to automate, to eliminate the possibility of investigators to involve in criminal cases «their» lawyers, said the President of the Federal chamber of advocates (FCA) of the Russian Federation Yury Pilipenko on the sidelines of St. Petersburg international legal forum.

«The ideal is that it will be a single database of advocates who will be allowed to protection under article 51 (the participation of the defender in criminal proceedings – ed.). Our task is to make an automated control system for the distribution of cases by solicitors. The investigator will log in to this database, fill in the application form, which will be spelled out for him, on what investigative action, what day. This is done in order to exclude the possibility of «manual» lawyers for investigators, as it has in this case not be the right choice. To choose computer lawyers, in turn,» — said Pilipenko.

He said that such a full-fledged single base can earn after 10-15 years, and in the first stage, the APF will focus on the creation of electronic systems for the distribution of lawyers in the regions.

«All, of course, is not without controversy, not without debate, as colleagues used to live in the old way, distribute lawyers that are timely when at three o’clock in the morning by the investigation is supposed to be a lawyer and he was immediately grabbed, and he shall sign the minutes. Automatic distribution will conform to the principles of independence and equality of access. This is a very important decision,» said Pilipenko.

He also said that the chamber adopted the standard of the lawyer in criminal defense to obligate to perform certain actions which are not governed by the code of criminal procedure. For example, the document obliges the attorneys to verify the facts apply to the defendant’s violent actions.

«On the agenda now and the question of raising the qualification of lawyers. This is very important, because we want to ensure that after five years the lawyer was head and shoulders above any party to the proceedings – a Prosecutor, investigator, judge,» — said the head of FPA.

Exams for lawyers

Pilipenko added that the chamber has no plans to cancel the exams in the course of implementation of the reform of the legal profession.

«We stand for simplified exams for applicants. For example, to candidates having five years of legal experience, passed the exam only on the ethics and the bar. But there are proposals to either cancel the exam at all, or that it was full. While there is no final solution», he said.

The Deputy head of the Ministry of justice of the Russian Federation Yuri Lyubimov, in turn, said that he supported the comprehensive exam for prospective lawyers, but stipulated a number of exceptions.

«Personally, my position is that it should be a full exam, but with a big exception for several categories of people. I suggest to make exceptions for consultants with experience in the specialty and having a real income from consulting. It is also worth to release and University professors. If a person works for a large Russian consulting company or a multinational company, 10 years structuring the transaction — and it so happened that the bar is United and he needs to pass the exam. Why? It’s obvious that he possesses adequate qualifications,» — said Lyubimov.

He noted that the issue with exams the priority is not what questions will be asked of the candidates, and the creation of open and clear procedures.

«For us it is important that all examination procedures took place transparently, with a very clear appeal mechanism,» — said Lyubimov.


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