Валерия Зеновина
Реакция Федеральной палаты адвокатов обусловлена следующим. В ходе семинара-совещания председателей судов, состоявшегося вчера в ВС РФ, Председатель Вологодского областного суда Владимир Шепель сообщил о низком качестве и чрезмерно высокой оплате работы некоторых адвокатов, оказывающих юридическую помощь по назначению. Было отмечено, что защитники требуют оплату за свое участие в непродолжительном судебном заседании как за полный день.
Спикер также указал на возможную причастность адвокатов по назначению к судебной волоките и связал это с их желанием получить большее вознаграждение. Подчеркивалось, что судьи при этом никак не могут повлиять на защитников в данной ситуации. Для решения проблемы было предложено создать службы государственных адвокатов – тогда за качеством их работы следили бы органы юстиции, а финансировать оплату труда защитников можно за счет бюджетных средств. Поясняется, что сегодня государство и так оплачивает вознаграждение адвокатам по назначению, поэтому оно не понесет дополнительных затрат в случае создания такой службы.
Позицию относительно данной инициативы ФПА России опубликовала на своем официальном сайте. По оценке Палаты, качество помощи адвокатов по назначению не отличается от той, которую они оказывают за гонорар, а участие защитников по назначению в судебном процессе оплачивается сегодня по крайне низким ставкам.
Также подчеркивается, что на основании отдельных нарушений нельзя делать выводы в отношении всех адвокатов.
Обосновывая свою позицию, адвокаты сослались в том числе на исторический опыт. «Практика показала, что защита, зависимая от государственной власти, не может выполнять свое предназначение – противостоять государственному обвинению», – говорится в заявлении пресс-службы Палаты. Отмечается, что в 1918 году были созданы коллегии защитников, обвинителей и представителей сторон в гражданском процессе, причем адвокаты были государственными служащими. Но в 1922 году коллегии адвокатов восстановили в статусе негосударственных некоммерческих организаций, которые построены на принципе членства.
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