Маргарита Горовцова
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ФПА обозначила1 свой подход к определению размера вознаграждения для адвокатов, работающих по назначению. Палата полагает, что оплате должна подлежать работа адвоката по посещению доверителя в СИЗО, составлению ходатайств, запросов, жалоб на действия следователя и проведение опросов.
Поводом послужило судебное дело, рассмотренное одним из судов Самарской области. Адвокат по назначению Т. в период с 14 мая по 15 декабря 2020 года осуществляла защиту доверителя. После завершения работы она предоставила в Следственное управление СК РФ по Самарской области заявление на оплату труда на общую сумму 46 375 руб. Следователь вынес постановление о выплате 19 025 руб. за участие в следственных действиях за 15 рабочих дней. В остальной части заявление защитника было оставлено без удовлетворения.
Адвокат обратилась в суд, который защитил ее права.
ФПА подчеркивает, что исполнение обязанностей защитника в интересах доверителя осуществляется адвокатом самостоятельно. Каждое такое действие подлежит оплате и не может являться основанием для отказа от нее.
Ранее ФПА рассказала о похожем судебном прецеденте. Тогда оспаривалось право адвоката на оплату труда по ознакомлению с материалами дела, и суд также встал на сторону защитника.
Добавим, что минимальный размер оплаты труда адвоката по назначению составляет 1,5 тыс. руб. в день, он может быть увеличен в зависимости от сложности дела и времени суток, когда адвокату приходилось трудиться (п. 22.1 Положения о возмещении процессуальных издержек, связанных с производством по уголовному делу, издержек в связи с рассмотрением дела арбитражным судом, гражданского дела, административного дела, а также расходов в связи с выполнением требований Конституционного Суда Российской Федерации (утв. постановлением Правительства РФ от 1 декабря 2012 г. № 1240).
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1 С информацией можно ознакомиться на официальном сайте ФПА (https://fparf.ru/news/law-chambers/oshibochnyy-i-nezakonnyy-podkhod-/).
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