Адвокатам запретили собирать средства на оплату их услуг посредством краудфандинга

Екатерина Чернявская

Адвокатам запретили собирать средства на оплату их услуг посредством краудфандинга
VitalikRadko / Depositphotos.com

Комиссия Федеральной палаты адвокатов РФ по этике и стандартам пришла к выводу о том, что обращение адвоката, направленное им через СМИ или интернет-ресурсы, в том числе соцсети, к неопределенному кругу лиц с предложением внести деньги на его счет за доверителя противоречит Кодексу профессиональной этики адвоката. Указанные средства в конкретном случае собирались в счет оплаты вознаграждения адвокату и компенсации расходов, связанных с оказанием им юридической помощи. Об этом сообщается на официальном сайте ФПА РФ.

Комиссия объяснила свою позицию тем, что адвокатская деятельность осуществляется на основе соглашения между адвокатом и доверителем и представляет собой гражданско-правовой договор, заключаемый в простой письменной форме между доверителем и адвокатом. (п. 1-2 ст. 25 Федерального закона от 31 мая 2002 г. № 63-ФЗ «Об адвокатской деятельности и адвокатуре в Российской Федерации»).

Однако ФПА РФ отметила, что труд адвоката по соглашению об оказании юридической помощи может быть оплачен из средств, собранных с применением технологий краудфандинга доверителем. Также такое обращение может быть сделано третьими лицами – специализированными фондами, общественными организациями, близкими лицами доверителя, но впоследствии с адвокатом все равно должно быть заключено соглашение об оказании юридической помощи в пользу третьего лица.

Каким должно быть примерное содержание договора с адвокатом? Ответ – в «Домашней правовой энциклопедии» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!

Вместе с тем в сложной этической ситуации, связанной с использованием механизма краудфандинга, адвокату необходимо обращаться с запросом в совет адвокатской палаты, членом которой он является, за разъяснениями.

Напомним, что в настоящий момент на рассмотрении в Госдуме находится законопроект об осуществлении краудфандинга юрлицами и ИП, уже получивший положительный отзыв Правительства РФ.

Источник: garant.ru

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