The procedure for suspending and terminating the status of a lawyer is a rather complicated legal institution, which is considered unique for the system of legal regulation of our state. Similar areas of legal activity (patents, notaries, detectives) do not contain a similar rule, constructions that allow such actions. The implementation of normative acts is often fraught with controversial situations, since the interpretation of the wording of laws (according to some experts) is quite diverse, and the phrases themselves are ambiguous. When applying the law, you need to remember the basic cases that may cause the suspension of activities.
High flying bird
The decision to suspend the status of a lawyer is made if a successful career of a citizen of the country is recorded. This applies to becoming a state power, the body responsible at the local level for self-government. If the position is received permanent, you will have to abandon the previous legal practice.
This restriction was not introduced into the laws of the country by chance. From the point of view of the persons applying the right, the indicated ground for suspension of the status of a lawyer allows to prevent the practice of simultaneously different types of activity, categorically incompatible with each other. A lawyer is a person whose success is due to the independence of the person. Therefore, choosing such a path, you can not become a party to labor agreements in the role of a worker. If an attractive civil service or work for the municipal, you will have to completely stop legal practice. The specified rule has no exceptions; it cannot be disputed. The limitation has no deadlines.
What to choose?
The indicated ground for suspension of the status of a lawyer takes into account some special situations mentioned in the current legislation. If a person has got an elected state post, the status is suspended. The mentioned category is deputies (the level does not play a role), persons representing elected state authorities and municipalities. These include the first person in the country - the president, who received a position on the basis of the election of the head of administration in the municipalities.
Situations are not less common when a citizen receives an appointment, approval. There is a chance of selection based on the competitive procedure. If the service is municipal, to the state, then the status of a lawyer becomes irrelevant. True, many jurists have doubts about this reason for terminating and suspending the status of a lawyer; therefore, disputes have not died down since the initial formulation of the rule to this day. This is largely due to the lack of mention in federal legislation of specific posts - the minister, prosecutor, judge. They are not assigned to them, which means that they do not fall directly under the law.
Opinions differ
The grounds and procedure for suspending the status of a lawyer specified in the Federal Law were the subject of a detailed analysis of the initiator of this legal norm. In the comments, special attention was paid to the inability to combine advocacy and a post in the civil service, so the appointment to such a position should be the basis for the suspension of work. At the same time, comments edited by D. Kozak, which provoked support in a certain circle of jurists, were noted in the attorney's federation as a private opinion, which is not based on legal standards.
One should not lose sight of the important argument cited by the initiators and proving that it is impossible to continue the previous lawyer's practice upon appointment to a state post. At a certain point, amendments to the 63rd Federal Law were submitted to the State Duma for consideration, where it was proposed in the first paragraph of sixteenth article to include the possibility of appointing a citizen leading a lawyer's practice only on condition that it was suspended. This concerned work in the structure of state power and affected only the period when a person would work constantly. The wording implied a direct reference to the occasion as an independent, initiating suspension of activity. The State Duma rejected the proposals.
How does it work?
From the order, grounds for suspension, termination of the status of a lawyer it follows: the sanction is applicable to a citizen who has passed through an election program from the moment of receiving a new status. As soon as the new composition of representatives of the state body begins to work (if the person has not passed into it), you can resume the previous legal activity. An attorney who has successfully passed the election procedure is required to write an appeal to the attorney house in the prescribed form. In it, a citizen asks to suspend status. In the absence of a correctly formalized letter, the suspension is based on the appeal of another person, if the commission recognizes him as interested.
The indicated procedure for suspension of the status of a lawyer (acquisition, renewal, termination is often no less controversial) works well only in case of honesty of all persons involved in the process. In practice, situations of unfair execution of obligations imposed by law on representatives of a legal structure are not uncommon. Man, acquiring a government post in Spanish. authorities, the municipality, does not send any statements, does not ask to temporarily stop the status.
Are corrections needed?
The described procedure for the suspension of the status of a lawyer, according to experts, should be supplemented by standards that establish responsibility for the absence of a timely application from the lawyer. A number of activists suggest that the punishment specified in the Federal Law on Advocacy in the first paragraph of the third part be applied to this situation. This block of documentation contains the rule of applying the prohibition of doing business as a lawyer. They propose to apply this norm for the entire period of occupation by a person of a state duty. In addition, the mentioned block of rules contains standards of liability for violation of established requirements.
I want but I can not
Another foundation for suspension, termination of the status of a lawyer is the inability of a citizen to fulfill obligations related to the chosen profession for six months or more. Currently, there are a lot of disputes under this item, in which real mastodons of legal science take part. In each case, in relation to a lawyer, they organize a meeting of the bar. The council of this formation considers all circumstances of the situation and makes a decision on the possibility of suspending the activity of the person.
When such a procedure for suspending the status of a lawyer was formulated, lawmakers aimed at exempting a citizen conducting the described activity from professional expenses. Consequently, this reason is allowed as a reason for the temporary deprivation of status in the presence of an application submitted personally by a lawyer.
Technical features
The indicated foundation of the procedure for suspension, termination of the status of a lawyer is legal only if there is an officially drawn up appeal by a legal specialist who has not been practicing for six months (or more). If such a citizen is not interested in suspending his status, the position remains - no third parties can initiate the process.
Existing laws established the possibility of filing an official paper in the bar for consideration by the council only after six months from the date of the last completed profession. An alternative option is to fill out an application upon finding the grounds by virtue of which a person cannot continue to conduct his chosen type of legal activity.
Real situations
As is known from practice, under the described basis, the decision to suspend the status of a lawyer is the responsibility of the council of the bar. If we analyze the impressive experience of considering different situations, we can notice: sometimes lawyers made statements because of the absolute impossibility of continuing their previous professional activities. Cases of the disease are frequent. A possible foundation for changing status may be the need to care for a child of three years of age or more. A number of specialists enter the educational institution to undergo a long-term program to improve the qualification level. This also becomes the reason for the temporary suspension of official status.
To the defense of the motherland
Sometimes the suspension of the status of a lawyer is based on his call in the ranks of the Armed Forces to serve. In this situation, the basis is activity incompatible with the practice of law. Of course, military service is not an employment relationship, the legislation of our country does not have an exact wording regarding the contradiction between the status of a lawyer and a fixed-term employee of the armed forces. At the same time, a detailed analysis of the current formulations makes it possible to reasonably conclude that these two forms of activity are categorically not combined with each other.
The described reason for the suspension of the status of a lawyer is largely due to international legal standards. The Covenant on Political Rights as well as Civil Rights does not evaluate military service as forced labor, but with regard to the social understanding of the term slave labor, regular service is extremely close. Advocacy is incompatible with compulsory activity, which is currently considered conscript service, since its passage is in no way regulated by the personal will of the draftee. On the one hand, this is not a reason for termination of status, but it is also impossible to continue legal practice while in the army, so a decision was made to suspend status for the specified period.
No confusion
Urgent service and the conclusion of a military contract are completely different concepts in terms of law. Contractors in fact are civil servants. Of the current legislation, the signing of such an agreement will not be a condition for the mandatory suspension of the status of a lawyer. More features of this issue are discussed above.
The missing!
In some cases, the basis for the procedure is a statement on the suspension of the status of a lawyer, written by a third party, if a citizen is missing. The main idea of the norm prescribed in the law is to remove from a person obligations for professional expenses arising from activities that are not actually conducted by him. An interested person who is associated with a specific specialist in legal science can write an official appeal. It is necessary to supplement the application with a package of documents confirming the decision of the court on recognition of a person as missing.
A number of jurists regarding this norm differ in opinion, since the probability of a third party turning in the event of a person missing is an event whose probability is too low. If, after some time, a person returns himself and draws up an application, asking him to release him from paying fin. amounts for the period of absence, the application will not be satisfied.This is simply not possible, since the basic condition for suspending the status of a lawyer is his absence, accompanied by a court decision. Certain activists propose to adjust the current standards so that the suspension takes place automatically immediately after the court has issued an appropriate decision regarding a citizen engaged in law practice.
Referred to treatment
It is possible to suspend the legal status in relation to the person who committed the offense, being insane. The responsibility for making such a decision rests entirely with the court; no other bodies and persons simply have the right to issue it. At the same time, simply referring to treatment, applying medical measures to a citizen is not a prerequisite for suspension of status. To regain its former position, it will be necessary to turn to the bar. The council gathered on the issue will consider all the features of the current situation and make a final decision.
In some cases, article 17, instead of suspending the status of a lawyer, governs when this provision completely ceases to apply to a citizen. For example, a court may decide that a person has limited legal capacity or does not have one at all. In such a situation, the continuation of the practice of law is categorically impossible.
Yesterday Today Tomorrow
If it was decided to suspend the legal status of a person, this may entail certain consequences. These include a complete ban on the conduct of designated activities or a temporary suspension of guarantees, the elimination of education. Some individuals face the inability to become members of the local government in the field of lawyers as candidates for the position. There is a positive outcome - the absence of the need to bear professional expenses.
In order to regain its former position, it is necessary to check the exclusion of the application of the grounds and apply to the bar with a corresponding appeal. The personal will of a citizen is one of the basic conditions. It is expressed in a statement written correctly and directed to the exact address.
Psychiatry and Laws
This case deserves special attention. Features of the situation are considered in detail in the Federal Law published in 1992 under the number 3158-1. The document is dedicated to assistance in the field of psychiatry, and also guarantees citizens the right to undergo such treatment. The rules indicate that the appointment of treatment by force (in the absence of the consent of the person himself, his representative) is possible if a particular case falls within the norms of the Criminal Code or Federal Law No. 29. As follows from the Criminal Code, the court can force a citizen to undergo treatment on an outpatient basis, in a hospital (general, specialized, intensive).
Referral to compulsory treatment is possible if a citizen is dangerous for himself or society, helpless, unable to satisfy his needs. You can resort to such an opportunity, if there is reason to assume harm to human health, if he will not be provided assistance from the outside.
I do not agree!
If a citizen believes that the decision to suspend the status was made unreasonably, contrary to the current legislative norms, he has the right to demand restoration of justice. To do this, you need to make a statement to the court to initiate proceedings. You can also take advantage of this opportunity if the bar has not complied with the rules of procedure laid down by law.
At the moment, it is officially established that it is necessary to notify a person of the suspension of his status or return to him within 10 days from the date of the decision.To do this, draw up an appeal in writing, on the basis of which the justice authority adjusts the register of the region. The state agency also has 10 days from the date of receipt of the notification for the operation to change the registry.
Who are you talking about?
A lawyer is called only one who was able to officially obtain legal status, passed all the required exams and has the right to conduct activities. One of the main qualities of a lawyer is independence. This is a professional who is able to advise the client on a variety of issues related to the legal system of the state, the interpretation of the law. A lawyer cannot be an employee, but there are exceptions. It is allowed to conduct scientific activity, teach, create in some form. Disagreements regarding government positions are discussed above.
In our country, lawyers have the right to combine professional activities in the chosen direction with the leadership of the education of lawyers. You can work in the chamber of lawyers for positions obtained by the election results (subject, federal, all-Russian, interstate level). When assisting the client, the lawyer advises, draws up documents, represents interests in the court, participates as a defender, representative in proceedings. A lawyer can represent his client in state bodies, law enforcement agencies of different levels and scales, and tax structures. In general, there is the right to provide any legal assistance. Exception - forms expressly prohibited by the current laws of the state.