Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-7)

MODEL LAW

About legal profession and lawyer activities

This Law establishes the principles and the legal basis of regulation of the relations connected with the organization of legal profession and implementation of lawyer activities. The legal profession is designed to promote realization and protection of the human rights and freedoms guaranteed by the state, including the right to qualified legal aid.

Chapter 1. General provisions

Article 1. Legal basis of lawyer activities

The legal basis of lawyer activities is constituted by the constitution of the state, the conventional principles and rules of international law, the international agreements of the state, the legislation of the state on legal profession.

Article 2. The main terms and determinations used in this Law

For the purposes of this Law the following main terms and their determinations are used:

the lawyer - the person who received the status of the lawyer in the procedure established by the legislation of the state and being the member of legal profession;

legal profession - professional community of the lawyers giving legal aid for the purpose of implementation and protection of the rights, freedoms and interests of physical persons and legal entities (further - principals);

lawyer activities - the qualified legal aid given on professional basis by persons who acquired the right to implementation of such activities according to the procedure, established by the legislation of the state, to principals for the purpose of protection of their rights, freedoms and interests;

lawyer secret - any data received by the lawyer in connection with rendering legal aid to the principal including the fact of the address of the principal for such help;

legal aid - the qualified professional help given by lawyers for the purpose of protection of the rights, freedoms and interests of principals including legal consultation and representation of principals in courts, state bodies, other organizations and before physical persons, with use of all means and methods which are not prohibited by the law.

Article 3. Principles of activities of legal profession

1. The basic principles of activities of legal profession are:

1) legality;

2) independence;

3) self-government and corporativity;

4) freedom of implementation of lawyer activities;

5) equality of lawyers;

6) preserving lawyer secret.

2. When implementing professional activity the lawyer shall follow the current legislation, rules of professional ethics established by bodies of lawyer self-government.

Article 4. Legal profession and state

1. The legal profession is self-governed professional community of lawyers which is not a part of the system of public authorities and local government bodies.

2. The state guarantees to lawyers possibility of free implementation of lawyer activities and promotes creation for this purpose of necessary conditions, provides independence of activities of legal profession, availability of legal aid, and also interaction of state bodies with legal profession in ensuring protection of the rights, freedoms and interests of citizens, rendering legal aid to principals.

3. The financial support of lawyer activities in sparsely and hard to reach areas is performed by the state according to the procedure, established by the legislation.

Article 5. Bodies of lawyer self-government

The structure of bodies of lawyer self-government is determined according to the procedure, established by the legislation on legal profession, and also regulations of legal profession.

Chapter 2. Status of the lawyer

Article 6. Acquisition of the status of the lawyer

1. The status of the lawyer has the right to acquire person having the higher legal education got in the procedure established by the state or academic degree on legal specialty. The specified person also shall have length of service on legal specialty or pass training in lawyer education in the amounts established by the legislation of the state on legal profession. The list of the types of activity which are subject to inclusion in length of service on legal specialty is established by the state.

2. Has no right to apply for acquisition of the status of the lawyer of person, recognized in accordance with the established procedure as incapacitated or it is limited capable, and also having the outstanding or not removed criminal record for making of intentional crime.

3. Additional terms (restrictions) of acquisition of the status of the lawyer can be provided by the legislation of the state on legal profession. The list of the documents submitted by the applicant for receipt of the status of the lawyer, procedure for passing qualification examination and assessment of knowledge of the applicant are determined by bodies of lawyer self-government.

4. The applicant who successfully passed qualification examination acquires the status of the lawyer from the moment of bringing of the oath of the lawyer which text affirms bodies of lawyer self-government.

5. The lawyer shall be the member of legal profession. The procedure for the introduction in members of legal profession and the termination of membership in it is established by the legislation of the state on legal profession. Persons which are not members of legal profession cannot be engaged in lawyer activities.

Article 7. Suspension, renewal and termination of the status of the lawyer

1. The status of the lawyer stops the decision of body of lawyer self-government on the following bases:

- recognition of the lawyer is unknown absent in the procedure established by the law;

- election of the lawyer in public authority or local government body for work on permanent basis, and also the lawyer's appeal on military service;

- inability of the lawyer to fulfill the professional duties during the term established by bodies of lawyer self-government.

2. Suspension of the status at the initiative of the lawyer is possible on condition of accomplishment of corporate obligation by it on payment of fees on content of bodies of lawyer self-government and (or) lawyer education which member he is.

3. Person whose status of the lawyer is suspended, the lawyer activities, and also to hold elective offices in bodies of lawyer self-government having no right to perform.

4. After cancellation of the bases of suspension of the status of the lawyer the body of lawyer self-government renews the status of the lawyer based on its statement.

5. The status of the lawyer stops the decision of body of lawyer self-government on the following bases:

- submission by the lawyer of the statement for the termination of the status of the lawyer;

- the introduction in legal force of the judgment about recognition of the lawyer incapacitated or is limited by capable;

- the death of the lawyer or the introduction in legal force of the judgment about the announcement his dead;

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