Екатерина Чернявская
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ФПА РФ направила в Минюст России отзыв на проект изменений в Федеральный закон от 31 мая 2002 г. № 63-ФЗ «Об адвокатской деятельности и адвокатуре в Российской Федерации», в части предоставления Правительству РФ права устанавливать требования к иностранным адвокатам, работающим на территории России. В нем адвокаты указали на необходимость дополнить законопроект положением о том, что указанные требования должны разрабатываться кабмином совместно с ФПА РФ.
Кроме того, представители ФПА РФ предложили некоторые варианты требований, которые могли бы быть предусмотрены в отношении иностранных адвокатов. Так, поскольку зарубежный адвокат попадает в профессиональную среду, где действуют определенные писанные этические нормы, он должен знать эти требования, полагают в палате. «Возможно, будет поставлен вопрос о необходимости сдачи адвокатом иностранного государства теста на знание Кодекса профессиональной этики адвоката, как это в настоящее время делают претенденты на получение статуса российского адвоката», – предположил исполнительный вице-президент ФПА РФ Андрей Сучков.
Узнайте о том, как правильно найти и выбрать адвоката в «Домашней правовой энциклопедии» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Эксперт также отметил, что, возможно, на зарубежных адвокатов будут распространяться дисциплинарные процедуры за этические нарушения, допущенные при осуществлении адвокатской практики на территории России. Однако при этом могут возникнуть трудности организационного характера. «Если эта тема будет обсуждаться, то встанет вопрос о том, органы какой региональной адвокатской палаты будут рассматривать такие дела», – добавил он. – Российская адвокатура считает необходимым высказать свое видение по этим и другим вопросам регулирования деятельности адвокатов иностранных государств на территории России в рамках обсуждения этой темы с правительством».
Советник ФПА РФ Сергей Бородин, в свою очередь заметил, что в настоящий момент в реестре иностранных адвокатов Минюста России зарегистрировано только 134 адвоката, с учетом того, что по данным ФНС России в стране зарегистрировано более двух тысяч организаций с иностранным участием, оказывающих юридические услуги. На основании этого он пришел к выводу, что иностранные адвокаты осуществляют юридическую практику, но не считают нужным получать статус иностранного адвоката. Он также выразил надежду, что в отношении иностранных адвокатов будет действовать тот режим правового регулирования, который существует для российских адвокатов.
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