Екатерина Чернявская
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Законодательное Собрание Санкт-Петербурга предлагает установить правило, согласно которому представлять интересы физлиц в гражданском процессе смогут лица, имеющие высшее юридическое образование по имеющей государственную аккредитацию образовательной программе, либо ученую степень по юридической направленности1. В настоящий момент наличие высшего юридического образования является обязательным только для судебных представителей по административным делам (ч. 1 ст. 55 Кодекса административного судопроизводства ). Разработчики документа объясняют свою инициативу тем, что судебными представителями могут быть лица без образования, в результате чего их клиенты получают некачественную юридическую помощь.
В случае принятия закон вступит в силу через 10 дней после дня его официального опубликования.
Отметим, что 27 сентября прошлого года аналогичный законопроект в нижнюю палату парламента внес Председатель Комитета Госдумы по государственному строительству и законодательству Павел Крашенинников. Однако документом предлагалось установить требование об обязательном высшем юридическом образовании еще и для представителей по арбитражным делам, а также установить условие о том, что для подтверждения юридического зарубежного образования нужно будет сдавать профессиональный экзамен по юридической специальности в специальной общероссийской общественной организации. Инициатива была подвергнута критике со стороны правового управления Госдумы, а ее рассмотрение было отложено и не произошло до сих пор. Минюст России, в свою очередь, выразил мнение о том, что установления требования о юридическом образовании судебного представителя недостаточно, а ФПА РФ выступила против этого нововведения.
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1 С текстом законопроекта № 567946-7 «О внесении изменения в Гражданский процессуальный кодекс Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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