Елена Самтынова
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Как следует из информации с официального сайта1 ФПА РФ, соответствующие обращения направлены Мэру г. Москвы Сергею Собянину и губернатору Московской области Андрею Воробьеву. Адвокатское сообщество, в частности, предлагает дополнить принятые нормативные правовые акты положениями о возможности перемещения адвокатов на территории Москвы и Московской области для исполнения профессиональных обязанностей в период проведения мероприятий, направленных на борьбу с распространением новой коронавирусной инфекции.
Как отмечает ФПА РФ, суды продолжают рассматривать определенные категории дел. Часть из них (уголовные и административные) не могут быть разрешены без участия адвокатов, для чего требуется их свободное перемещение на территориях г. Москвы и Московской области.
Напомним, в соответствии с Указом Мэра Москвы от 5 марта 2020 г. № 12-УМ (в редакции от 29 марта 2020 г.) и Постановлением Губернатора Московской области от 12 марта 2020 г. № 108-ПГ (в редакции от 29 марта) введены ограничения, выраженные в обязанности соблюдения жителями г. Москвы и Московской области режима самоизоляции по месту проживания. Данные ограничения не распространяются на деятельность в связи с оказанием медпомощи, деятельность правоохранительных органов, органов по делам гражданской обороны, ЧС и подведомственных им организаций, органов по надзору в сфере защиты прав потребителей и благополучия человека, иных органов в части действий, непосредственно направленных на защиту жизни, здоровья и иных прав и свобод граждан, в том числе противодействие преступности, охраны общественного порядка, собственности и обеспечения общественной безопасности. Также не распространяются ограничения на граждан при наличии у них специальных пропусков, выданных в установленном порядке.
По мнению адвокатского сообщества, данная норма хотя и охватывает по своему смыслу адвокатские образования, а также иные негосударственные организации, обеспечивающие защиту жизни, здоровья и иных прав и свобод граждан, используемый термин «органы» предполагает его толкование в качестве органов госструктур, что может создать препятствия для осуществления адвокатской деятельности.
В этой связи ФПА РФ предлагает изложить норму в редакции, согласно которой установленные ограничения не распространять на деятельность как указанных, так и иных органов и организаций в части действий, непосредственно направленных на защиту жизни, здоровья и иных прав и свобод граждан, в том числе противодействие преступности, охрану общественного порядка, собственности и обеспечение общественной безопасности, включая адвокатские образования (адвокатов).
Также в письме, направленном Мэру г. Москвы, предлагается альтернативная возможность разрешения данного вопроса путем закрепления в нормативных правовых актах о порядке выдачи специальных пропусков соответствующего правила о том, что члены и работники адвокатских образований могут перемещаться без таких пропусков, либо ввести уведомительный порядок получения пропусков для всех адвокатов и работников адвокатских образований Москвы, Московской области и членов Совета ФПА РФ.
Кроме того, ФПА РФ предложила рассмотреть вопрос о возможности выдачи специальных пропусков по заявкам юрлиц для сотрудников, ответственных за информатизацию, связь и информационную безопасность, в целях бесперебойного функционирования систем обеспечения удаленного режима работы в различных организациях.
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1 С текстом информации можно ознакомиться на официальном сайте ФПА РФ (https://fparf.ru/news/fpa/o-svobode-peredvizheniya-advokatov-/)
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