Translated material
Defender defender
The split in the law community threatens to turn into the transformation of the advocacy into a rudimentary appendage of "power structures"
On October 7, lawyer Henry Reznik published a copy of the application sent to them by the Council of the Federal Chamber of Lawyers on his Facebook: “I inform you that I stop my participation in the work of the FPA Council. I ask, with the upcoming rotation, bring me out of the members of the council. ”
Reznik is the Vice President of the FPA, as well as the announced the same two days earlier Vadim Kluvgan. The latter’s statement about leaving the council was submitted together with the former member of the Federation Council, lawyer Konstantin Dobrynin and contained a more detailed wording: “Due to the fact that the Federal Chamber of Lawyers in the near future will be fulfilled by the last decisions adopted by the highest bodies of state power of the Russian Federation, we do not consider its further participation in the work of the FPA council.”
Not wanting even more to heat up the situation, all three of their actions are not publicly commenting on, but which “decisions of the authorities” are being discussed about, it is easy to read:
On the eve of October 4, a message was published on the FPA website with a link to another vice president-Gennady Sharov, and his advertising on social networks summed up: “On October 4, the Federation Council approved the federal constitutional laws on the adoption of new entities and education in the Russian Federation of Donetsk and Lugansk People’s Republics, Zaporizhzhya and Kherson regions. The Federal Chamber of Lawyers is faced with the task of helping lawyers of new regions in mastering knowledge of the legislation of the Russian Federation, organizing exams and creating lawyer chambers ... FPP has experience (Crimea has in mind).
This publication, which appeared on the FPA website, even before President Putin approved the laws on joining, was not agreed with other members of the council, although it is perceived as the general position of the chamber. Although work with former Ukrainian lawyers in new territories formally follows from the just legal accession, not all Russian lawyers agree that it is necessary to run ahead of the steam locomotive - at least the formation of the judicial bodies in the new constituent entities of the Federation should be waited.
Earlier, two Moscow lawyers have already gone to the DPR with a clear manner, where they took part in the protection of foreign citizens - the “APU mercenaries” sentenced there to the death penalty (but later still exchanged). A number of their colleagues have questions: with references to what laws they defended their principals, whether the consent of the latter was aware of the wake of such a defense, which was their own status of lawyers, etc. In mid-September, in the telegram channel, which was actively covered by what was happening in the advocacy, there was a message that “the master Reznik refused to visit the released as a result of his territory”-and at that time the “master” answered that the master replied that the master replied that No one offered him such stupidity.
On September 26, a letter from the military commissar of the capital with warnings against “providing assistance in evasion of mobilization” under the guise of lawyer services was received at the Russian Law Chamber of the city. The chamber responded with a polite letter, in which she explained, in particular, that it “has no authority and opportunities to monitor legal assistance to its principals”, especially since the information about the appeals for it is protected by a lawyer secret.
The publication of his statement on Facebook Reznik pre -pre -a quote from Fedor Tyutchev: "Give the aliens a new place ...". The beginning of this poem is completely like this: “When decrepit forces/ we begin to change/ and we must, like old -timers” and further in the text. This is a clear hint of the “polemic” of a telegram channel, replete with such figures of speech as “Arbat elders” and anti-Semitic attacks.
The split in the FPA, depending on the attitude of one or another of its members to a special military operation, occurred immediately after its beginning. Soon after February 24, a number of well -known members of the FPA published on her website an application with an appeal to stop military operations and begin peace negotiations. And a few days later, a statement of other representatives of the chamber appeared there: “The advocacy is outside the policy. But one with her country. The country's leadership made a legal decision in compliance with all the necessary constitutionally significant procedures ... This should be the priority for Russian lawyers who are primarily citizens of the Russian Federation. ”
Both statements soon disappeared from the FPA website, but it was clear to everyone that this would not end. The lawyer community is far from homogeneous: a considerable part of it is formed by former law enforcement officers. There are their “state employees” who work in the affairs “by purpose” and not always in the interests of the clients. There are fighters for the idea of the “Russian world”, and there are “cosmopolitans”, but, as in any corporation, the struggle for power and financial flows also boils inside the FPA and regional chambers.
The Russian Lawyer Chamber of the city of Moscow - even if this reflects the general bias in relations between the capital and the regions - is represented by the most qualified, famous and on average better earning lawyers.
In this sense, the Moscow chamber is easier to do without federal than the other way around, and there is no administrative submission to the lawyer community at a legal level. However, the conflict within the advocacy poses a threat primarily for those who need qualified legal assistance, and the inequality of forces in the confrontation of the chambers gives rise to temptation for their less famous and qualified members, as is often the case in courtyard showdowns, to bow to the “third force” - and everyone understands where this is sitting.