Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 31, 2002 No. 63-FZ

About lawyer activities and legal profession in the Russian Federation

(as amended on 31-07-2020)

Accepted by the State Duma on April 26, 2002

Approved by the Federation Council on May 15, 2002

Chapter 1. General provisions

Article 1. Lawyer activities

1. Lawyer activities is the qualified legal aid given on professional basis by persons which received the status of the lawyer according to the procedure, established by this Federal Law, to physical persons and legal entities (further principals) for the purpose of protection of their rights, freedoms and interests, and also ensuring access to justice.

2. Lawyer activities are not entrepreneurial.

3. The legal aid given is not lawyer activities:

employees of legal services of legal entities (further - the organizations), and also employees of public authorities and local government bodies;

participants and employees of the organizations rendering legal services and also individual entrepreneurs;

notaries, patent agents, except as specified, when the lawyer acts as the patent agent, or other persons who are specially authorized by the law on conducting the professional activity.

4. Operation of this Federal Law does not extend also to bodies and persons who perform representation by law.

Article 2. Lawyer

1. Lawyer is person which received the status of the lawyer in the procedure established by this Federal Law and the right to perform lawyer activities. The lawyer is the independent professional adviser for legal issues. The lawyer has no right to enter employment relationships as the worker, except for scientific, teaching and other creative activities, and also to hold the state positions of the Russian Federation, the state positions of subjects of the Russian Federation, position of public service and municipal positions.

The lawyer has the right to combine lawyer activities with work as the head of lawyer education, and also with work on elective offices in Chamber of Advocates of the subject of the Russian Federation (further also - Chamber of Advocates), Federal chamber of lawyers of the Russian Federation (further also - Federal chamber of lawyers), the all-Russian and international public associations of lawyers.

2. Giving legal aid, the lawyer:

1) gives consultations and references according to legal issues as in oral, and in writing;

2) constitutes statements, claims, petitions and other documents of legal nature;

3) represents the interests of the principal in the constitutional legal proceedings;

4) participates as the principal's representative in civil and administrative legal proceedings;

5) participates in quality of the representative or principal's defender in criminal trial and production on cases on administrative offenses;

6) participates as the principal's representative in trial of cases in reference tribunal, the international commercial arbitration (court) and other bodies of the conflict resolution;

7) represents the interests of the principal in public authorities, local government bodies, public associations and other organizations;

8) represents the interests of the principal in public authorities, courts and law enforcement agencies of foreign states, the international judicial authorities, non-state bodies of foreign states if other is not established by the legislation of foreign states, statutory documents of the international judicial authorities and other international organizations or international treaties of the Russian Federation;

9) participates as the principal's representative in enforcement proceeding, and also in case of execution of criminal penalty;

10) acts as the principal's representative in tax legal relationship.

3. The lawyer has the right to give other legal aid which is not prohibited by the Federal Law.

4. As representatives of the organizations, public authorities, local government bodies in civil and administrative legal proceedings, legal proceedings on cases on administrative offenses only lawyers, except as specified, when these functions are performed by the workers who are on the staff of the specified organizations, public authorities and local government bodies can act if other is not established by the Federal Law.

5. Lawyers of foreign state can give legal aid in the territory of the Russian Federation on points of law of this foreign state.

Lawyers of foreign states are not allowed to rendering legal aid in the territory of the Russian Federation on the questions connected from the state secret Russian Federation.

6. The lawyers of foreign states performing lawyer activities in the territory of the Russian Federation are registered federal executive body in the field of justice (further - federal body of justice) in the special register which procedure for maintaining is determined by authorized federal executive body.

Without registration in the specified register implementation of lawyer activities by lawyers of foreign states in the territory of the Russian Federation is forbidden.

Article 3. Legal profession and state

1. The legal profession is professional community of lawyers and as the institute of civil society is not a part of the system of public authorities and local government bodies.

2. The legal profession acts on the basis of the principles of legality, independence, self-government, corporativity, and also principle of equality of lawyers.

3. For the purpose of ensuring availability to the population of legal aid and assistance of lawyer activities public authorities provide guarantees of independence of legal profession, perform financing of activities of the lawyers giving legal aid to citizens of the Russian Federation is free in cases, stipulated by the legislation the Russian Federation, and also if necessary allocate to lawyer educations service premises and means of communication.

4. The social security provided for citizens by the Constitution of the Russian Federation is guaranteed to each lawyer.

Article 4. Legislation on lawyer activities and legal profession

1. The legislation on lawyer activities and legal profession is based on the Constitution of the Russian Federation and consists of this Federal Law, other Federal Laws adopted according to the Federal Laws of regulatory legal acts of the Government of the Russian Federation and the federal executive bodies regulating the specified activities and also from accepted within the powers established by this Federal Law, the laws and other regulatory legal acts of subjects of the Russian Federation.

2. Accepted according to the procedure, provided by this Federal Law, the code of professional ethics of the lawyer establishes obligatory rules of conduct for each lawyer when implementing lawyer activities, and also the basis and procedure for involvement of the lawyer to responsibility.

Article 5. Use of the terms applied in this Federal Law

Use in names of the organizations and public associations of the terms "lawyer activities", "legal profession", "lawyer", "Chamber of Advocates", "lawyer education", "legal advice bureau" or phrases including these terms is allowed only by lawyers and created according to the procedure, established by this Federal Law, the organizations.

Chapter 2. Rights and lawyer's obligations

Article 6. Powers of the lawyer

1. Powers of the lawyer participating as the principal's representative in the constitutional, civil and administrative legal proceedings, and also as the representative or the principal's defender in criminal trial and production on cases on administrative offenses are regulated by the relevant procedural legislation of the Russian Federation.

2. In the cases provided by the Federal Law, the lawyer shall have the warrant for execution of the order issued by the corresponding lawyer education. The form of the order affirms federal body of justice. In other cases the lawyer represents the principal based on the power of attorney. Nobody has the right to demand from the lawyer and his principal of presentation of the agreement on rendering legal aid (further also - the agreement) for the introduction of the lawyer in case.

3. The lawyer has the right:

1) to collect the data necessary for rendering legal aid, including to request references, characteristics and other documents from public authorities, local government bodies, public associations and other organizations according to the procedure, the stipulated in Article 6.1 presents of the Federal Law. The specified bodies and the organizations in accordance with the established procedure shall issue to the lawyer the documents or their copies requested by him;

To interview 2) from their consent persons who are presumably possessing information, relevant on which the lawyer gives legal aid;

3) to collect and submit objects and documents which can be acknowledged physical and other evidences, according to the procedure, established by the legislation of the Russian Federation;

To attract 4) on contractual basis of specialists for explanation of the questions connected with rendering legal aid;

5) freely to meet the principal alone, in the conditions providing confidentiality (including during its detention), without restriction of number of appointments and their duration;

To fix 6) (including by means of technical means) information containing in case papers on which the lawyer gives legal aid, observing at the same time the state and protected by the law other secret;

7) to make other actions which are not contradicting the legislation of the Russian Federation.

4. The lawyer has no right:

To accept 1) from the face, addressed it for rendering legal aid, the order if it has obviously illegal nature;

To accept 2) from the face, addressed it for rendering legal aid, the order in cases if it:

has independent interest according to the subject of the agreement with the principal, other than interest of this person;

participated in case in quality of the judge, the arbitration judge or the arbitrator, the intermediary, the prosecutor, the investigator, the investigator, the expert, the specialist, the translator, is the victim or the witness on this case and also if he was official in whose competence there was decision making for the benefit of this person;

consists in the related or family relations with the official who accepted or is involved in investigation or consideration of the case of this person;

gives legal aid to the principal whose interests contradict interests of this person;

3) to take on case position contrary to will of the principal, except as specified, when the lawyer is convinced available the principal's self-accusation;

4) to make public statements about validity of fault of the principal if that denies it;

5) to disclose the data reported to it by the principal in connection with rendering legal aid to the last without the consent of the principal;

6) to refuse the assumed protection.

5. The secret cooperation of the lawyer with the bodies performing operational search activities is forbidden.

Article 6.1. Lawyer request

1. The lawyer has the right to send to public authorities, local government bodies, public associations and other organizations according to the procedure, established by this Federal Law, the official address on the questions of provision of the references, characteristics and other documents necessary for rendering qualified legal aid entering competence of the specified bodies and the organizations (further - lawyer request).

2. Public authorities, local government bodies, public associations and other organizations which sends lawyer inquiry shall give on it the answer in writing in 30-days time from the date of its obtaining. In the cases requiring extra time on collection and provision of required data, the specified term can be prolonged, but no more than for thirty days, at the same time to the lawyer who sent lawyer inquiry the notification on prolongation of term of consideration of lawyer request goes.

3. Requirements to form, procedure for registration and the direction of lawyer request are determined by federal body of justice in coordination with the interested public authorities.

4. Provision to the lawyer of the requested data it can be refused if:

1) the subject who received lawyer request has no the requested data;

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