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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 10, 2022 No. 49-P

On the case of check of constitutionality of paragraph two of Item 3 of article 17 of the Federal law "About Lawyer Activities and Legal Profession in the Russian Federation" in connection with the claim of the citizen S. G. Shalavin

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges A. Yu. Bushev, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov,

being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of paragraph two of Item 3 of article 17 of the Federal law "About Lawyer Activities and Legal Profession in the Russian Federation".

Reason for consideration of the case was the claim of the citizen S. G. Shalavin. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker N. V. Melnikov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the paragraph to the second Item 3 of article 17 of the Federal Law of May 31, 2002 No. 63-FZ "About lawyer activities and legal profession in the Russian Federation" has no right to be the representative in court, except as specified its participations in process as the legal representative, person whose status of the lawyer is stopped in connection with the introduction in legal force of the court verdict about recognition of the lawyer guilty of making of intentional crime, and is equal on the following bases: non-execution or improper execution by the lawyer of the professional obligations before the principal, violation by the lawyer of regulations of the code of professional ethics of the lawyer, illegal use and (or) disclosure of information connected with rendering qualified legal aid by the lawyer to the principal, or systematic non-compliance with the requirements to lawyer request established by the legislation of the Russian Federation.

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