People trust their biggest secrets and have no mysteries and secrets, when talking with a priest, a doctor and a lawyer.
Kuznetsov Y.I. - Director of Law Firm № 11 Moscow Law City Bar
Law Firm № 11
There are several ways to break the gardens:
The best of them — outsource it to a gardener
Karel Capek
We are offer to read theese following sections:
I. Who is a lawyer and that such advocacy;
1.1. Introduction;
1.2. What laws govern the lawyer;
1.3. What is advocacy;
1.4. Who is a lawyer;
1.5. What are the activities of a lawyer;
1.6. The powers of attorney;
1.7. When to seek the services of a lawyer;
II. From the beginning of history to the present day
2.1. Cudebnye reform of 1864 — the beginning of the history of the Russian bar;
2.2. «Ancient courts»;
2.3. The pre-reform the judicial system and legal representatives;
2.4. The legal profession in the twentieth century;
III. The history of the law firm № 11 (legal advice)
3.1. History in the lives of well-known lawyers;
3.2. Moscow lawyers participated in the Great Patriotic War;
3.3. Professional level;
3.4. Funny and curious cases from our practice;
I. Who is a lawyer and that such advocacy
1.1 Introduction
Scientists have found that if several different people ask mentally imagine, for example, an apple, then — each will have its own way of apple, unlike the image that will create itself the rest of the experiment.
Someone will submit a ripe red apples, someone — a sour, green. For someone it is a white, someone — red, someone yellow or green. Color, taste, size, smell portrayal of fruit will also be different for each participant. The created image will depend on where the person was born, what he ate apples, which saw the images of apples.
We can assume that there are people who have never eaten or seen apples.
This person association with the word «apple» can be very unpredictable, and his imagination can paint any picture.
Given this feature of the human psyche, and to avoid confusion, so that the visitor’s image of a lawyer and his work has been defined, we answer the question, who is a lawyer, and that such advocacy.
The concept of «attorney» comes from the Latin root «advokare, advokatus» — call designed. Originally designated Romans called «lawyers» litigant family and friends, whom he asked to accompany him to the court.
You will be surprised, and we are amazed that fact, but the lawyers were not at all times.
In ancient Russia the truth are not complicated procedures required personal involvement and to prevent representatives. Litigants, or suspected of committing a crime, being lowered into the water. How many of them first surfaced, he was wrong in his claim, or is guilty of an offense. A similar method was applied to the test with a hot iron. It was also a test «field» — that is, the disputing parties agreed in the field of armed combat. Who won, he is right.
Thus, the assertion of its legal position, at the time, was the work of a very life-threatening.
Since then, much has changed. Good news — now you do not have to risk yourself, you can invite a representative.
It was the representatives of society to address, in a society where life was governed by the laws, the application of which require special knowledge and special system.
1.2. What laws govern the lawyer
The work of the lawyers with the Constitution of the Russian Federation, the Federal Law of 31 May 2002. № 63 — FZ «On Advocacy and Advocacy in the Russian Federation» (as amended. And enlarged., Hereinafter — the Law), the current legislation, the Code of Professional Ethics Association (adopted on 1 All-Russian Congress of lawyers 31.01.20003g. Rev. And enlarged .)
1.3. What is Advocacy
Advocacy is a qualified legal assistance to be provided in a professional manner by persons who have received the status of a lawyer, in the manner prescribed by federal law, natural and legal persons (hereinafter — the principal) in order to protect their rights, freedoms and interests, as well as access to justice. (Clause 1, Article 1 of the Law)
In accordance with Article 25 of the Law of Advocacy based on the agreement between the attorney and the principal.
The agreement is a civil contract to be concluded in writing between the principal and a lawyer (attorney) to provide legal assistance to the principal or designee.
Nobody has the right to require the lawyer and his client presentation arrangements for legal aid lawyer to join the cause. (Paragraph 2 of Article 6 of the Law).
1.4. Who is the lawyer
Lawyer — a person who has received under the law status of the lawyer and the right to exercise legal profession. A lawyer is an independent professional legal adviser. (Clause 1, Article 2 of the Law).
The law prohibits lawyers employed by the institutions, organizations and enterprises. A lawyer may not enter into an employment relationship as an employee, except for scientific, pedagogical and creative activities.
This ban is due to the fact that such a service can cause deterioration in the quality of legal aid not only for employment, but also the loss of a lawyer of their independence. By becoming an employee, a lawyer must have followed the instructions of superior officers, including those that are contrary to his beliefs. Such submission is highly undesirable, because the legal profession demands independence from all outside influences and can be performed only under the influence of its debt, which gives the lawyer to act with proper firmness, determination, conviction.
Taking advantage of its independence, the lawyer must remember that the purpose can not justify the means. And high end pravosudnogo protect society and to protect individuals from unfair accusations should be Uptime only moral means and methods.
Thus, providing legal aid lawyer is guided only provisions of the law and their professional duty.
Professional secrecy is an absolute priority for the attorney. Period of secrecy is not limited in time. A lawyer can not be released from the obligation to professional secrecy, no one, except the principal. (Sections 2 and 3 of Article 6 of the Code of Ethics Counsel)
1.5. What are the activities of a lawyer
In accordance with paragraph 2 of Art. 2 of the law, providing legal aid lawyer:
1. provides advice and information on legal issues, both orally and in writing;
2. of applications, complaints, motions and other legal documents;
3. represents the interests of the principal in the constitutional proceedings;
4. participates as a representative of the principal in civil and administrative proceedings;
5. participate as a representative or counsel of the principal in the criminal proceedings and proceedings in administrative cases;
6. participates as a representative of the principal in the handling of cases in arbitration, international commercial arbitration (court) and other authorities to resolve conflicts;
7. represents the interests of the principal in the government bodies, local authorities, public associations and other organizations;
8. represents the interests of the principal in the government agencies, courts and law enforcement agencies of foreign countries, international judicial bodies, non-governmental agencies of foreign states, unless otherwise provided by the laws of foreign states, the statutes of international judicial bodies and other international organizations or international treaties of the Russian Federation;
9. participates as a representative of the principal in the enforcement proceedings, as well as in the execution of criminal penalties;
10. acts as a representative of the principal in the tax legal.
A lawyer may provide other legal assistance not prohibited by federal law.
1.6. Powers of attorney
In accordance with Section 3 of Article 6 of the Law attorney can:
1. collect information necessary for the provision of legal aid, including to request references and other documents from government bodies, local authorities, as well as NGOs and other organizations.
2. poll, with their consent, the person allegedly possessing information relevant to the case in which the lawyer provides legal assistance;
3. collect and submit the documents that may be deemed to be real and other evidence in accordance with the legislation of the Russian Federation;
4. attract professionals on a contractual basis to clarify issues related to the provision of legal aid;
5. to meet freely with their principal alone, in conditions that ensure confidentiality (including the period of his detention) without limiting the number of visits and their duration;
6. record (including by means of means) the information contained in the case file, the lawyer provides legal aid, while respecting the state or other secrets protected by law;
7. perform other actions that do not contradict the legislation of the Russian Federation.
lawyer shall not:
1. take from the person turned to him for legal aid, the commission, if it has obviously illegal;
2. take from the person turned to him for legal aid, the commission in cases where it is:
has an independent interest in the subject agreement with the client, other than the interest of the person;
participated in the case as a judge, arbitrator or arbitrators, mediators, prosecutor, investigator, expert, specialist, interpreter;
is in this case the victim or witness, and if he is an officer in whose jurisdiction the decision was in the interest of the person;
is a relative or family relationship with the official, who contribute or participate in the investigation or the proceedings of the person;
provides legal assistance to the principal whose interests conflict with the interests of the person;
3. take a position on the case against the wishes of the principal, except when the lawyer believes the presence of self-incrimination principal;
4. make public statements about the proof of guilt of the principal, if he denies it;
5. disclose information communicated to him by the principal in connection with the provision of legal aid to the last, without the consent of the principal;
6. refuse from the defense.
1.7. When it is necessary to contact a lawyer
If a question or a problem arises on a topic that requires special knowledge, then, of course, you need to seek the services of a specialist.
It is now very popular self-education. And it’s wonderful. Various television programs on legal topics are very interesting and informative. After watching you get the idea of the subject. Same knowledge base gives only a special higher education and work experience in the field.
There are a number of claims that are undisputed. That is, when you have to go to court to get a judgment on ascertaining his right. In such cases it is enough to see a specialist in order to properly formulate the subject of the claim.
There are positive judgments obtained without the presence, but that — exceptions, basically confirming the rule that everyone has to do their job.
So, having a basic understanding of the sport, you can go with a hockey stick on the golf course or with volleyball ball on a football match. The difference in the sticks and balls knows professional.
Popular and alternative, traditional medicine. But if you need to remove an inflamed appendix, it is useless to apply to the sore spot plantain and drink goat’s milk — it is necessary to invite the surgeon.
Rules of professionalism required in law. Referring to the services of a professional, you improve the quality of life.
II. From the beginning of history to the present day
In this chapter we try to understand how to configure the institute of advocacy that preceded this building.
2.1. Judicial reforms in 1864 — the beginning of the history of the Russian bar
Imperial will of the most famous rulers of Russia Romanov Dynasty: Peter 1, Catherine II, Nicholas 1 — advocacy was banned in Russia. It is self-understood that the Russian people do not need it. First Emperor of Russia asserted its will, as opposed to a pre-existing Regal opinion.
During the reign of Alexander II introduced reformy.Reformy introduced by evolution — no gallows, executions, without violence, but with the mind, and the detailed study of the subject.
Judicial reform was preparing for 7 years. For the preparation of the reform in 1861. a commission. The result of this work became the «Summary of the transformation of the judiciary in Russia,» Alexander II approved 29 September 1862. These provisions consisted of three parts, devoted to the judicial system, civil and criminal proceedings. They recorded the following institutions: Department of Court Administration, the elected magistrate’s court, the jury in the District Court, the Bar, the principle of competition.
This beginning of «General provisions», as part of judicial education in Russia, became the basis for establishment of «court of justice», then taken on November 20 1864., Into law. For the first time in Russia established legal profession — attorneys, «without which it is absolutely impossible to introduce competition in the civil and judicial debate in criminal justice with a view to revealing the truth and provide full protection of the accused before the court litigants’
Subsequently, the organization and functioning of the Bar sworn regulated institutions ‘court of justice, «the head of the second» O barristers’ (st.st.353-406).
Attorneys consisted in the courts (legal field) for your tasks:
— On behalf of the election and persons applying to them for legal assistance;
— A prescription in certain cases, the advice of barristers and court chairmen.
In accordance with court orders st.354 Institutions, a lawyer could be a person who had certificates of universities and other higher educational institutions of Attendance Law, or sustained by such sciences exams, or have served at least five years by the Department of Justice in such positions , the performance of which can acquire practical knowledge about the production of cases …
16 September 1866. The first meeting in Moscow of barristers.
Was elected to the Moscow Council of barristers.
The first task of the newly elected Council was an organization of people who can own a word, to participate in the court fight and never give up.
The second challenge facing the Council, was to develop a new class of lawyers traditions, making ethical standards and rules of conduct. The rise of the profession and the expansion of the principles of transparency and accessibility of them.
As a result of the execution of tasks to the bar to attract the best minds of his contemporaries. Many brilliant lawyers of the time and are now the standard of the Russian bar. Repeatedly reprinted speech prominent lawyers. To name a few as well-known example — is a lawyer of St. Petersburg, the capital of imperial Russia — Spasovich, Andrew, Karabchesvsky, Moscow — Plevako, Urus. The greatest tenor Sobinov some time engaged in the legal profession and art, and has not yet made a choice in favor of art.
Since it is assumed that the reader is among educated people who do not read, and reread, we mention the classic story that has become almost legendary, legal defense brilliant lawyer, «the speaker grace of God» Theodore Nikiforovich Plevako, defender of justice.
Plevako involved in the protection of an old woman found guilty of theft was a tin pot worth 50 cents. Attorney, knowing who will be the lawyer sought to neutralize the influence of speech defender. He said everything that could be said in favor of the defendant: the poor old lady, want bitter, minor theft, the defendant is not anger, but only pity. But the property is sacred, and if you allow people to encroach on it, the country will perish. After listening to the speaker, Plevako rose and said, «a lot of trouble and had to endure the test for Russia’s more than a thousand years of existence. Pechenegs tormented her, Kipchaks, Russia, only matured and grown from the test. But now, now … the old woman stole a kettle at the price of fifty cents. This is Russia, of course, did not survive, so she will perish forever. «
Naturally old woman was justified.
Today Gold and Silver Medal FN Plevako defense lawyers are the highest awards.
2.2. «The old courts»
The first mention of the judicial office in the territory of Russia, located in the Novgorod and Pskov Judicial Charter. They related to the fifteenth century. Some historians of the judicial system of the time called «the old courts.»
It should be noted that the «old ships» observed a principle of competition. Representative who has the gift of persuasion, could have an impact on the present case. Were some of the principles of objectivity. For example, in the Pskov Judicial Charter stated that a representative in court can not be a person in authority, it may be a party to the process only in case of a dispute on the case (Article 69). This eliminates pressure on judges the authority, which contributed to an impartial adjudication.
The provisions of the Pskov certificates provided that the attorneys could only use women, children, monks, nuns, and decrepit old men (Article 58). Thus, the company stands out the most vulnerable, the ability to protect their rights, population and gave them support.
Novgorod Judicial Charter offer everyone the opportunity to have an attorney.
The following documents on the development of the Institute of Law Mission were 1497 and 1550 GG
Law in 1550g. envisaged as the right to have an attorney — solicitors and poruchnikov. The provisions of this document and regulate the procedural aspect of the court.
In Article 13 Sudebnik said that parties are prohibited to carry armor and clubs. It should be noted that rule of Sudebnik 1550g., Is observed to this day.
2.3.Doreformennaya judiciary and court representatives
Later, when Peter 1, the judicial system is becoming more severe. Some historians believe that the remains of the adversarial process «old court» disappear. From the court in this period of time required to intimidation («what would discourage others were so stealing»). It was important for the government to punish the innocent and sometimes than having no one to punish.
The mention of a judicial office in the Cathedral Ulozhenie 1649.
But the representative not acting along with the party, and in her place. He is not an assistant petitioner, the defendant and the court, but only by the Deputy. In this case, there shall be allowed only if there are important circumstances preventing attendance in part to the court.
Over time, the judicial system is becoming more and more bureaucratic, confusing. For example, the timing of the case were not installed. Parties to file petitions and evidence and had no further rights. The court could stretch indefinitely. In order to influence the movement of the business, the parties asked for help to prosecutors, governors, governors-general, and even ministers. At the trial neither the plaintiff nor the defendant should not have to know the condition of the court case. It was a «secret court».
The task of the lawyer, the formal part of which was limited to the collection and compilation of papers, was making the most confusing thing to tighten its consideration, acting behind the scenes in the all-powerful ways, cumbersome judicial office. Citizens only proper for this and turned to the solicitor, and only with the estimated position of its knowledge and business skills. In «Short image processes or litigation» of March 1715. Chapter 5, in this respect was the following story:
«1. While in the middle of the process of petitioner or respondent or zanemozhet Protsch important reasons to priluchatsya so that by itself is singular in his krigsrehte yavittsa impossible, pozvolyaettsa onym for the conclusion of the business use of add lawyers and his place in the court to send. And, indeed, ought to b krigsrehtah in all cases as the shortest put away all large enough to represent. But then, when the lawyers have now used cases. These should their filthy lengthy drives judge a bother, and the thing signified only more so to vyaschshemu space, rather than lead to a quick end. «
In 1775. Catherine II signed a decree «Institutions of the provinces.» According to it, the lawyer were assistant prosecutors and defenders of state-owned interests. There are no requirements in the form of educational and moral qualifications to solicitor does not show. Did not exist and the internal organization.
Act of 14 May 1832. was created by the jury lawyer. Attorneys for the owners could only be those who have been inscribed as a jury lawyer. For inclusion in the list of jurors in the commercial court solicitors wishing sued application, certificates, service records and other evidence, which themselves recognize the right. The Court after considering the documents or allow the petitioner to walk for, making the person in the list, or declare the applicant verbally refused, without explanation. Number of jurors solicitor was not determined, and any of them could be removed from the list at the discretion of the court, without explanation. Thus, the jurors were at the mercy of the court.
Thus, you can ensure that the level of legal representation is in full relationship with the level of the court system. In the pre-reform the judicial system could derive progressively minded representatives, speakers pravozastupnikam. Talk about how or even significant role of judicial representatives of that period is not necessary. Image attorney immortalized by Gogol and Turgenev, Ostrovsky and Pisemsky, Shchedrin and Gorbunov.
Enough to remember «Dead Souls»: when a misfortune happened Chichikov, he «fell in the mud and the plain life. And in anticipation of even better was forced to take the title of attorney … «.
2.4.Advokatura in the twentieth century
Waiver policy reforms of the 1890s worsened the relationship of the state to a lawyer. In 1890., And then in 1896. Commission appointed by the Government of new draft legislation on the Bar. These projects intended to strengthen the supervision of the Bar of the State. And in particular by the prosecution. These bodies were forbidden to take the bar people suspected of political activities and were under police surveillance. In fairness it should be noted that these projects have not been legislative support.
Unlike former barristers, Generation 90’s called for social change. Many young lawyers united in groups such as the errant club in Moscow, which provides legal assistance to the population. Organized legal aid centers for workers and peasants, some attorneys have devoted themselves exclusively to the protection of the lower classes. In the Errant Club was formed a circle to protect accused of political crimes.
The events of 1904 — 1905. increased politicization of the legal profession. The main weapon in the hands of the revolutionary activity against the autocracy and riots were criminal prosecution and defense lawyers opposed to him.
The Declaration of the Provisional Government of 03 March 1917. proclaimed a full and immediate amnesty for all political and religious affairs, freedom of speech, press, association, assembly and strikes, the abolition of all caste, religious and national boundaries. Progressive phenomenon of the Provisional Government was to allow women to practice law.
Period of the Provisional Government, was short, it is difficult to imagine what would have awaited transformation Bar.
After the events of October 1917. and established the dictatorship of the proletariat after the Russian bourgeois legal profession and its traditions were actually destroyed. Many lawyers have been destroyed physically as representatives hostile to the proletariat class, the others were in the concentration camps, and the rest at large were not allowed to appear in court.
Decree № 1 of 24 November 1917. destroyed all the judicial reform of Alexander II.
All the judicial institutions of the Russian bourgeois states were abolished, and with them — the jury and the private legal profession. The same decree created the Soviet courts. As defenders and prosecutors admitted all the «upright person of either sex, enjoy civil rights.»
And so, for the first time, women could take part in the trial as defenders and prosecutors.
Decree № 2 of 7 March 1918. introduced a new form of organization of defense: «When the Soviets of Workers’, Soldiers’ and Peasants’ Deputies established a panel of persons who devote themselves pravozastupnichestvu, both in the form of public prosecution and the form of social protection. These colleagues do persons sent from the Soviets of Workers ‘, Peasants’ Deputies. Once these individuals have the right to appear in court for a fee. «
Level of legal culture in the courts has plummeted, and the advocates and representatives have become dependent on local authorities. This relationship was even more pronounced after the Central Executive Committee of the Decree of 30 November 1918., Which approved the Regulation «On the People’s Court of the Russian Federation.» According to this provision, members of the board actually recognized by officials and given the content of the salary is fixed for national judges.
In July, 1920. III All-Russian Congress on the figures of the Soviet Justice opinion was expressed that the board no longer justified, the defenders of abusing the trust and receive a salary in addition to high fees.
In place of the State Bar came another formation, where the protection of the court was forced labor. As defenders of the tribunal drew citizens able to fulfill this duty. In the service of persons involved in court as a defense, were released at the time of participation in the process from its core operations, with pay, not in the service — the minimum wage established for this category of persons.
Of course, the protection of the court in the circumstances, was purely formal. Neither the knowledge, nor any interest in the results of their work in defense raised by labor service, was not.
Finally, after all, it was decided to return to the Bar. In May 1922. III Session of the Executive Committee of the All-Russian ninth convocation adopted its Resolution Regulations for Advocacy. July 5, 1922. NKYU issued Regulations on boards of defense, according to which created board for civil and criminal cases in the provincial departments of Justice. Activity boards defenders should provide for the organization of comprehensive legal assistance to the people by giving tips and advice, Litigation and other organizations, the promotion of Soviet law. Guarantee of performance of the tasks assigned to the Soviet legal profession at that time, could only serve as a «party leadership boards of defenders.»
RCP (b) on 2 November 1922. issued a circular «On joining the Communists in college defenders,» in which a principal that make the work of Communists — Member Boards defenders. Communists in boards is forbidden to take the case to protect the «bourgeois elements» in their disputes against the workers of state enterprises and institutions. It was impossible to defend in the courts «explicit counter-revolutionaries, looting property and bribes.»
We draw your attention to the fact that today, in our day, no one can be convicted of a crime until his guilt has been proved and established by force of a judgment (Article 49 of the Constitution).
In the course of the judicial reform of 1922. was established by the prosecutor’s office, a new sectoral legislation, which reflected the entry of Soviet society in stage NEP.
In the years of the NEP, many Russian attorneys and their assistants had returned to his profession. But, despite this, the Soviet legal profession was significantly smaller than that of pre-revolutionary. All in all, in Moscow and St. Petersburg in 1923. the number of lawyers is only 15% -20% of the pre-revolutionary defenders of these cities. According to the Russian Federation is the total number of lawyers was 2,800 people, about 25% of the pre-revolutionary level. In subsequent years, the boards of the NEP advocates began to increase sharply. To protect the interests of business, the ownership or use of which was stored in a part of the nationalized industries, needed skilled lawyers.
For comparison — the largest and traditional Bar Association — The Moscow City Bar Association (MCBA) has today in its ranks as of June 1, 2010 — 1363 lawyer.
1924. October 20 of the CEC of the USSR adopted Fundamentals Judiciary USSR and union republics. According to Article 17 of the law, it was determined that the board defenders organized on the basis of samopopolneniya, under the control of the provincial (regional) executive committees. 29 June 1928. College of the People’s Commissariat of Justice of the Russian Federation provided the district courts of the province in which the board consisted of defenders, set the maximum number of its members, based on population of the territory, and court cases.
In 1932. College of the People’s Commissariat of Justice adopted the terms of the collective defenders, according to which was attached a new organization of the legal profession. Defense teams were created in the regions, cities, and operated under the guidance of the Bureau regional college defenders, and the overall management and oversight by provincial courts.
The Charter was confirmed by one of the most important conditions for the right of defense — the right of every one turned to choose their counsel from among members of the college of your choice.
After the assassination of Kirov SM 1 December 1934. at all levels, including those in the legal profession, began a strong campaign cleaning. The greatest damage inflicted cleaning Bar 1935. Some honest conscientious defenders were arrested: one of them was killed, others were sentenced to terms of imprisonment. Many were driven out of the bar. In Moscow alone, the number of lawyers has decreased tenfold.
The subsequent development of Soviet society. The Great Patriotic War, the restoration of the national economy and the postwar years — all of this has a direct influence on the activities of the state in general, and sets the targets and the development of advocacy.
An important stage in the development of the rule of law and the legal profession was under Khrushchev, who sought to strengthen the role of law and the legal profession in the construction of socialism.
In 1958. amended the basics of criminal procedure legislation of the USSR and in some criminal procedures republics. There was a lot more opportunities to participate in the earlier stages of the criminal proceedings for certain types of clients. Counsel could not even at the stage of preliminary investigation to represent the interests of minors, disabled people, people do not speak the language used in court.
Changes in the legislation of the period that made this legislation a more liberal place with some support NS Khrushchev. Most of the work done criminal lawyers section MCBA. MCBA lawyers who specialize in civil cases, for the first time raised the issue of revision of the civil and civil procedure codes.
In the late 70’s was a further development of the legal basis of the Bar as an institution. In Article 161 of the Constitution of the USSR 1977. Advocacy for the first time officially recognized constitutional body, and from that moment it became increasingly «state matter», rather than remain a semi-autonomous and independent profession.
30 November 1979. Union adopted the Law and the Law of the Russian Federation «On the Bar».
20 November 1980. — «Regulations on the bar in the USSR.»
These laws were still far from those that are now, but even then laid the foundations for the development of the law on the Bar. For example, the presence of higher legal education of lawyers has become mandatory for everyone. Has provided not only a right to request a lawyer through legal advice from the state and public references and other documents necessary for the provision of legal aid, but also a duty to the established procedure to issue these documents and their copies. Thus, began the legal right to an attorney collecting evidence. The legislation was also recorded an important principle that a lawyer can not be questioned as a witness of the circumstances which became known to him in connection with the performance of duties of a defense attorney or representative.
Thus, with the revival of democratic principles in our country has developed legislation on advocacy.
III. The history of the law firm № 11 (legal advice)
Today in our office has 50 lawyers. More detail with a focus each of them you can find in the «lawyer.»
Director of the law firm — Kuznetsov Yuri I..
At different times, from the time of organization, heads of legal advice № 11 were — Moreva AK Solienko MO, LI Popov (Repeatedly elected deputy of the Proletarian District Council of People’s Deputies), Sharov GK (Member of the Federal Bar of the Russian Federation, the Vice-President of the Federal Bar Code), NI Paleev.
Each of the managers tried to bring to the work of our advice all the good that he could give to his colleagues.
Of particular note are the activities of Gennady Sharov Roerich, as head of the legal advice. It combined the features of a highly lawyer undoubted leader and sensitive man.
GK balls created a friendly team of staff consultation. Sharov merit GK, primarily in the creation of Law Office of decent facilities, adequate status of lawyers. One of its initiatives for the community — a celebration of the New Year holding skits that were presented, and participants and spectators a good mood for the year ahead. Undoubted merit Sharov GK was also the organization of international relations consultations with foreign colleagues.
3.1. history in the lives of well-known lawyers
The previous chapter is dedicated to the general historical events related to the legal profession in our country. In this chapter we discuss the fate of individual lawyers whose work serves as a map of the historical era, and an example to those who are devoted himself to the legal profession. Mention and list all worthy colleagues of the past tense in the article did not seem possible. Members of the Moscow City Bar Association are doing their best to preserve for posterity the names of those who was a model of professionalism. Conducted Honor Book of the Moscow Bar Association, published memoirs and publications.
The history of our law firm is inextricably linked with the history of the Moscow City Bar Association, and its traditions. And in the MCBA and the law office № 11 employed many lawyers with pre-revolutionary experience, with knowledge of foreign languages and the traditions of the estate lawyers.
On behalf of my colleagues, we thank Rogatkin Alexei, the author of the book «Essays on the History of the Moscow Bar Association,» Belozorov Nicholas G., who wrote the «Notes of a lawyer.» The material presented in these products, was used to write an introductory article.
Rogatkin Alexei (b. 1931.) — First Vice-President of the International Union (Commonwealth) lawyers. Honored Lawyer of the Russian Federation, Chairman of the Moscow City Bar Association from 1993 to 1997.
Belozor Nicholas G. (1911 — 2001 gg.) In 1937. worked as a lawyer for legal advice № 11 MCBA. Since 1937. to 2000. Nicholas G. dedicated himself to the legal profession. He died in 2001. In memory of his colleagues, he was surprisingly gentle, tolerant, responsible and hard-working man.
In 1937. Belozor was admitted to the trainees, and in 1938. — A lawyer MCBA. In 1941. Belozor NG was drafted into the Soviet army and the war ended in 1945 with the rank of second lieutenant. For his participation in World War II was awarded state awards, including the Order of the Patriotic War II degree Medal «For Victory over Germany», «For the defense of Moscow.»
Nicholas G. brought up three children, and his eldest son went to his father’s footsteps.
Legal Advice № 11 was established in 1939. the Moscow provincial bar association.
According to the memoirs NG Belozorov, it came as a trainee in 1937., Found many lawyers with pre-revolutionary practice. They shared their years of experience and knowledge to help young lawyers to learn hard, responsible and noble profession defender of human souls.
Among the highly educated people were Lipskerov AF Shchepkin NV Durasov AN, AN Yudin, Franguzov LB Milovidov NN Otsep MA, and Braude . D. Rossels VL and others.
Alexander F. Lipskerov (chuck Belozorov NG) graduated from two universities — Novorossiysk in Odessa and the Sorbonne in Paris. A perfect knowledge of three languages: French, German, English. Shchepkin Nicholas V. — great-grandson of the famous Russian actor Shchepkin. Owned two languages: German and English. Worked as a lawyer before the revolution, a major jurist. Durasov Alexander — comes from an old aristocratic family Durasova — a lawyer with pre-revolutionary experience. No less famous lawyers of the same galaxy — Franguzov, Yudin, Dianogorsky, Zinkovsky, Elinson, Berlin, Becker and others.
According to the memoirs Belozorov Lipskerov was encyclopedic well read, witty, considerate, sensitive and charming conversationalist. The knowledge he generously shared with the young lawyers, interns did a great educational work: read the factories lectures on legal topics, telling his various interesting cases. He had a story to tell. He participated in the major processes, as a matter of «Glavtopa», «Central Union» Lokkarda (head of British military mission), «Lena — Golfids» Finnish communists, defended Procurator of the Holy Synod of the Governmental Samarin and others. Beginning his advocacy before the revolution, one of the first Lipskerov old lawyer entered the Moscow Bar Association (1924g.).
Broude Rosselsa include Plevako Soviet period, so accurate his mind, he creates the images speak for citizenship and the content of his speeches. Name of a lawyer in the MCBA Rosselsa connected with the manifestation of great courage in defending 1937-1939 gg maligned and already sentenced to death honest Soviet people. Rescue of these people and return them to society is a special merit VL Rosselsa to the Soviet state.
Here is a case of practice, reproduced on memoirs daughter Rosselsa VL — Levin, IV:
«One night our apartment rang, and there were four women out of a small town. They said that their husbands — three agronomists and livestock condemned as enemies of the people to death. The women cried and begged her father to protect their husbands. I saw that my mother objected, and the father hesitate: he did not want to go to «Tmutarakan», he fears the consequences, but feels a traitor professional duty. Everything else I know only from the words his father. «
VL Rossels morning went to counseling, designed the necessary documents (order, traveling certificate, admission, etc.). He then went to the reception to Vyshinsky, but he did not accept him, but secured the support of the referent that it will give a telegram for a stay of execution. Finally, he went to the town where the events occurred. It was a small country town, the name of which Rosselsa daughter remembers. But Levin remembers that all four were convicted of section 58 of the Criminal Code, for example, livestock was accused of attempting to shock troops by the bull. Yes, yes, it sounds ridiculous, but the charge was worded that way. Other specific formulas charges Levin did not remember, but I remember well that my father made acquainted with the case, and even a meeting with the prisoners only after that Rossels referred to the fact that he came from Moscow of the Attorney General.
Levine says that, having made a complaint to the supervisory review Rossels managed to get an appointment to Vyshinsky, with whom he had once participated as an advocate in one process. Vyshinsky remembered him, carefully read the complaint, pretended to be surprised, as being in the area of justice, and suggested that among those whom we now call law enforcement, wormed enemies, and, therefore, should make serious efforts. Thanking Rosselsa vigilance, soon lodged against the verdict, considering it wrong, because it was, in his opinion, is brought real enemies of the people. Animal husbandry and agronomists deal was dropped for lack of evidence, but the other declared enemies, were convicted — this was a «machine of justice» by Vyshinsky.
In the mid 60’s of the last century, a case of dissidents. Fortunately, they were not accompanied by massacres, as in the time of the Stalinist regime, the charges are established Articles RSFSR Criminal Code does not provide for the death penalty, but the fighting, mostly with the young men who sought to free speech, looked no less grim.
It all began with the arrest of writers Sinyavsky and Daniel in 1965. Convicted in 1966. and 5 to 7 years in prison. Then followed the case Ginsburg Galanskov, Lashkova and Dobrovolsky. I remember the case Bukovsky Esinina-Volpin and many others.
Name of a lawyer Sofya Kallistratova (1907 — 1989) went down in history as a defender of the MCBA dissidents. She possessed all the qualities that are inherent to the professional. Elected its legal position was always impeccable, based on a thorough knowledge of the business, legislative and judicial practice. Participate in the court proceedings admired a well-thought questions, often bring the expected result. As for the defensive speeches, it is almost always small masterpieces. However, its main characteristics are the desire for justice. Citizenship of the human and professional positions, dedication in the management of protection. These qualities brought Sofia Vasil deserved fame. Not by chance in the hall of the Presidium of MCBA portraits luminaries legal profession is the portrait of Sofya Kallistratova.
Its first task was to deal Khaustova. He was accused of organizing a protest against the arrest of Ginzburg and hooliganism. Sofya raised the issue of justification by st.190-3 and re-qualification of Article 206 to Article 191 Part 2-1. The court agreed with retraining. By Kallistratova fame came fearless defender, principally to defend its position. She was accepted into their midst known human rights: AD Sugars, EG Bonner, JF Orlov, SA Kovalev and many others. AI Solzhenitsyn has presented the «samizdat» The First Circle «.
SV Kallistratova repeatedly went to Tashkent for the protection of the Crimean Tatars, participated in seven demonstrators protesting on Red Square against the invasion of Czechoslovakia in Riga defended Yakhimovich.
Later on health Sofya leaves the bar. However, continues its activities as a human rights defender. As a result of this activity was initiated against her criminal case. The case was later dismissed.
Posthumously Kallistratova SV awarded the Gold Medal. FN Plevako.
3.2 Participation of the Moscow Association of Great Patriotic War
On the anniversary of the victory all the lawyers meet with fellow veterans of the Great Patriotic War, as a sign of respect, gives them gifts and recall those of his comrades who were left on the battlefield.
The Great Patriotic War of 1941. — 1945. demanded by victims and advocates. Many men and some women who worked in the legal advice went to the front. After the war, the size of the lawyers declined by 55%.
Lawyers, remained in Moscow, took part in the front. They were on duty in hospitals and military offices, participated in the construction of fortifications, in firewood for the residents of the capital; teams of lawyers sent to farms to harvest grain.
Since the beginning of the war at the expense of MCBA 4 tanks were built «Moscow lawyer.» The presidium of the made 300 thousand rubles. defense fund, to this amount the lawyers added their own money and 11 April 1944. were transferred to 614 654 rubles. the defense fund. And in March 1944. presidium allocated 200 thousand rubles. aircraft construction «Moscow lawyer.»
For Service in Battle in the Great Patriotic War, many lawyers were awarded high state awards. Among them were lawyers of our consultation.
Sidorenko SA (1914 — 1987) — during the Second World War he commanded an anti-battery. Successfully repulsing the Nazis in the Carpathians, he knocked out seven tanks, for which he was awarded the highest state award — the Hero of the Soviet Union.
Katsvin AB — Commander of the anti-tank battery, was awarded the «Order of Lenin» and a number of medals.
Belozor NG — Participant of the defeat of Nazi hordes of Moscow in 1941-1942. Was awarded the «World War II» II degree and medals.
Shafir MF (born in 1917.) — Has been awarded three orders of «World War II», of which the first degree, second degree, medals. A total of 12 awards. He was seriously injured, disabled World War II.
Sklyarko DI (1920 — 2005) — served in the aviation units of the Soviet Army, was awarded.
Shoemakers BM — Participating in the battles was seriously injured, disabled. Was awarded the «World War» 1 degree.
Solovyov NM (1923 — 1995) — a veteran of World War II, was awarded the medals.
VD Goncharov — Served in the Navy, was awarded orders and medals.
Lahter SB (1922 — 1998) — a veteran of World War II, was awarded the medals.
Esaulov VD (1893 — 1960) was awarded two Orders of the «Order of Lenin» and the order «of World War II» II degree, and many medals.
In 1916. for bravery in combat soldier was awarded the George Cross IV degree. In the Finnish war he was seriously injured, disabled, and then found the strength to continue working in the legal profession.
Esaulov Vladimir D. deserves our attention, not only for military exploits, but also less active in peacetime. As a member of the Moscow Bar defenders since 1926. He was one of the most active organizers of our advice (law office number 11). Without exaggeration Esaulova VD are its creator.
Vladimir D. Esaulov until his advocacy (retired in 1957). Actively involved in the life of legal advice. He devoted a lot of attention to the education of young lawyers, shared with them their extensive professional experience. Seven times elected to the presidium of MCBA. For over 50 years he was an active participant sports life — member of the Presidium of the Ice Hockey Federation, Football Federation, the chairman of sports-hockey section of the Moscow City Council — a society of «Spartacus.» According to the memoirs Belozorov NG Esaulov VD was an excellent colleague, sensitive, kind, extremely charming person.
3.3. Professional level
The Moscow City Bar is always a lot of time has been paid to the professional level lawyers.
To this end, the podium has a section on the right. Studied jurisprudence. Topic of the matter communicated to all firms that are part of the MCBA, and anyone can come to the lawyer declared hearing threads bring up for discussion questions.
Our office operates methodical sovet.Zadachey methodical council is to monitor changes in legislation and to introduce colleagues to these changes.
Established practice in our office is to discuss the attorney of his position on the case with colleagues, in order to identify weaknesses and strengths. Young lawyers can always get help with legal issues from colleagues.
As a consequence of this policy — the ratio of the judiciary to lawyers MCBA as worthy professionals.
Lawyers Law Office № 11 awarded for merit awards and medals:
Order «For loyalty Lawyer debt»
— F. Michael Shafir
— Sklyarko Dmitry Ivanovich (worked up to 2005.)
Medal «For Services to protect the rights and freedoms of citizens,» the first degree
— Natalya Varakina
— Valery A. Zaslavsky
— Lipartiani Victor Davidovich (1942 — 2010)
Medal «For Services to protect the rights and freedoms of citizens» second degree
— Daniel Elena
— Valentina Moszkowicz
— Pale Nikolai
— Anatoly Ternovoy
Lawyer Georgy Zhukov was awarded commemorative medals.
Lawyers Smirnov and Alexander B. Shablyko Nicholas rewarded for his service to the Motherland
— Smirnov Alexander — the medal «For Military Merit» medal «For Courage»
— Shablyko Nicholas — the order «For Service in the Armed Forces of the USSR», 4 medals, the Order «Red Banner» DRA DRA medal «in gratitude of the Afghan people.»
Scientific degree of Candidate of Sciences have lawyers — Zhuravleva Roman A. Oprea and Olga Vladimirovna.
The Moscow City Bar sought replenished by young specialists — graduates of public law schools and law faculties.
These professionals should have to undergo training, to pass exams. Entrance exams for those wishing to become lawyers were held in Moscow Bar long before the last of the Law «On the Bar». The exams were held for tickets by the Commission, and were by no means a formality, since the The commission included the best lawyers and demanding.
Probation was led cartridge — a highly advocate. The presidium MCBA is a sector to work with the interns and young lawyers. For a long time the sector was headed by BE Zmoyro (1919 — 1999), and LA Blumkin (1918 — 1990).
Lyudmila Arkadyevna and Nemtsov were not only great lawyers and experts in the legal profession, but also had the gift of teaching the younger generation to the transmission of traditions and purposes of the Bar. Acted Youth Commission, was introduced like a government — the Council of Young Lawyers. The legacy left by them truly unique. LA Blumkin worked with trainees 20 years. Produced each year an average of 20 trainees. Thus, about 400 trainees attended Lyudmila Arkadevny. BE Zmoyro worked with young lawyers and trainees 27 years. At the same arithmetic we get that 540 people experienced the generous friendship, comprehensive knowledge and great personal charm Nemtsov.
I do not know of the time to chuck approached professional development intern formally. As a rule, ammunition, training interns, who reported spending all his mental strength to make their students educated and trained professionals.
On my own behalf and on behalf of interns and young lawyers legal advice number 11, thank wonderful lawyers — Martynova Nina Alexandrovna and Goldenberg Alexander Nikolayevich (1928 — 1998) for his wisdom and kindness has helped many young lawyers with the introduction of the profession.
I express my gratitude for the participation in the development of young lawyers in our office colleagues — Ball Gennady Konstantinovich Lyunenfeldu Oskarovich Lyon (1918 — 2000), Zolotukhin Valentin (1920 — 2005), Kalinin Larisa (1927 — 1998), Lipartiani Viktor Davidovich (1942 — 2010), Warsaw to Anna (1925 — 2008), Varakina Natalya, Pavlenko Zinaida Alexeevna Martynova Nina Alexandrovna.
Someone mentioned lawyers died, someone suspended his membership in the board, but many of today’s lawyers have a sense of gratitude to these people, regardless of whether there are now a number or not. Part of their soul lodged in the hearts of others as a result of their dedication and service to others Professions.
3.4 Funny and curious cases from our practice
Confessing a bit lacking, we thus
trying to convince others that we have no large ones.
Francois de Laroshfruko
Heroes histories at various times worked in our advice, but at the time of writing, for various reasons, carry out professional activities in other areas. Therefore sharing some of our employees wink and pat on the shoulder, saying, «but I have learned in the story.»
Maitre
This incident occurred with the master of domestic advocacy. Master had all sorts of different awards there, was surrounded with glory and honor. In terms of its value is close to the world. That is, clearly, was the sun of Russian lawyers. Reasonably occupied this niche, as was a man of talent, efficient and dedicated to his profession.
In the customer master of this was known to the foreign firm. Master of its consultant, has represented companies in a variety of business — a dispute which has won court cases at the cost of the claim with many zeros, in general, fully justified his reputation. For a long time communication established friendly relations with the leadership of the firm. Therefore, when the late-night in his apartment rang Director, Master was not surprised. He was surprised his request. The request was to be present tomorrow at the hearing, submitted to the company, which was the defendant, the suit dismissed employee. Employee made redundant. He was outraged by this behavior firms which deprived of his right to receive high wages, social benefits and other creature comforts. Naturally, he filed a claim for reinstatement. Many companies have in-house lawyers dealing with such matters. But, this time, something happened, whether lawyers are sick, whether they too were fired. In general, the court had no one to go. Given their royalties generated from cooperation with this company, personal relationships, and other perspectives, to deny the request was unreasonable. In addition, as the output from the words of the director, required only the presence of a representative of the company, and the statement of defense has been submitted to the court earlier.
Giving its consent, the master began to think how he could avoid this situation. Employment law is not practiced for a long time. Study the specificity of this type of case time is not allowed. And to understand the essence of the case, in which it planned to participate, it was also problematic, because of the lack of documents and time.
Master decided to resort to the tried reception, namely, outsource it to younger colleagues, who with agility young greyhounds before hunting will be up all night studying case law on the subject. And at the very, you know, the years are not the same pressure to play tricks, and generally at night to sleep.
Phones younger colleagues were silent. Loomed the real threat to go to the process itself. Not knowing the case nor judicial practice on this type of case. The outlook for the prominent lawyer grim. Realizing that there is no place to go anyway, to go, a brilliant result of the case in the long term is not visible, the master takes with him the power of attorney from the firm. By proxy it easily in the district court may be taken as an employee of the company, not the sun of Russian lawyers. If the master would be to advocate the warrant, then — then can not go wrong.
While the main task of the master was — to be recognized. Not being able to glue fake mustache and beard, has no such, he wore glasses wife. Master himself did not wear glasses, but in other people’s glasses dimly discern the outlines of the figures, while making different faces, that opinion, the master made him recognized. The logic in this thought was strange — if I do not see anyone, then I, too, no one sees. Throughout the process, he was holding a large checkered handkerchief, constantly bringing it to his face, though not had a cold or allergies.
A dismissed employee behaved provocatively, but he had nothing to oppose. The trial was miserably lost. The court reinstated the dismissed employee.
Woman prosecutor, knowing that the judgment is not very fair, but on formal grounds — the correct, sympathetic dealer. Sitting in front of the master, putting powerful bust on the table and his cheek on his hand, it is compassionate to say, «you need a Lawyer to take the job, a lawyer …»
Coated
It is now the fashion yoga, spiritual practices, Feng Shui, and more. The norm. Some time ago in our country spiritual practices the norm was not, and was rather a deviation from it. As a thing is quality, and it is, unfortunately, a fake, and with the spiritual education. It can be truly developmental, and possibly fake.
Warm autumn sunny Monday morning. Four young lawyers stand in front of the courthouse, where they will participate as counsel in criminal proceedings. Long process was to begin, but the court clerk asked them to wait, as the previous process was not incomplete. So they took to the streets to enjoy Indian summer, smoked a cigarette, talk. Their impressions of a weekend. Almost everyone was out of town, in good company, but one. This one is different from the others, a young lawyer, grimly said that the weekend was at home and meditate. Judging by his gloomy mood, meditation is not raised it to a new level of consciousness and universal love. He listened with undisguised envy of colleagues stories about the spent time. And he meditated because nobody nowhere called because of its complex nature. The fact that he considered himself a genius. It is not forbidden (and the lawyers is the norm), but why the others constantly put notify? Surrounding the statement, repeated ten times in an hour, usually begins to irritate. Here and now, wanting to attract the attention of other, and stand out against the background, he, like Cassandra, make predictions about what their clients will receive the punishment.
In the yard — mid 90’s. In a country rampant crime. The lawyers have been invited into the process on purpose, ie defendants with a contract not signed, but the severity of the offense alleged, they had to be protected. The defendants — who have several previous convictions, tattooed, with a desire to get the most judgment and go to an area where recently left, but feel at home there.
They were charged with robbery, a few episodes. Almost all of the episodes have been proven. The presence of young fame hungry lawyers who want clever, submit various applications and delay the process is not in the plans of the accused. General view of their enthusiastic advocates are burdened.
It has been speculated that these criminal case will be considered by the court at least two weeks.
The plans of the lawyers on the one hand — to sit in on the appointment at least two weeks, was not, on the other hand — to show themselves in the never enough.
Backstage lawyers told the court show leniency to the accused, if they refuse to admit guilt and the defense.
Lawyers sent the convoy premises to ascertain the views of their clients. The proposal was accepted with enthusiasm. Subsequently, the court has kept his promise and reduced the penalty as the circumstances of the case it was permissible.
The hearing was postponed. All went to dinner. Degree of mood are improved. Promised to be a lengthy process, and fabulous victories it was not expected. So it was a good mood at all. All except one. As Cassandra, our hero meditator, referring to its net chakras and enlightened mind, began to predict mainly the future. What he should abandon his client first. Refuse to whether the rest of the security services — is unknown. Our hero will come out of this process. The next day he was invited to another criminal trial, where he would achieve acquittal. Well, then, as to his shoulders would impose hardships of fame associated with this victory. But this monologue to anyone appetite or mood is not spoiled. For a laurel wreath on the head of a self-proclaimed genius, too, no one ran. «Remember, all I’m saying» — not very effectively instilled enlightened counsel others. All were busy eating. And when I eat, how it is known — is deaf and dumb.
After some time, the Secretary has invited all participants in the hearing.
Start the process and saying the appropriate sentence, the court asked what would be the application of the accused.
Defendants vigorously, one by one, told the court that the services of a lawyer is not needed. All except one.
The judge is not entirely sincere sigh, said names of lawyers who may leave the court.
All but one. Yes, yes, our enlightened colleagues. At that time he was building his client faces dire, but he said nothing. As a result, all the same facial expressions lawyer has reached its destination. Destination jumped up and said loudly: «I reject the services of a lawyer.»
The judge was surprised: «Why, we have already started the process that you are in the stage of application requests silent?»
— And I have not heard
— Why? I say out loud!
— And I can not hear.
— Ah, so you’re deaf?
— What?
Joined Attorney: «Are you deaf?»
— Yes, one ear can not hear, and the second — that hears it — no.
Prosecutor: «So how do you — deaf, then you put a lawyer, regardless of whether you give up on him or not.»
Behind the door burst laughter. Enlightened lawyer is a long time to achieve inner peace. One can see a spiritual practice was wrong.
Personal life
Personal life, like it or not, has an impact on other areas of life. In particular, and professional. Visit psychoanalysts some time ago has been taken, and now this leisure is not particularly popular in our country. Conclusion — all thoughts all the time in the problem. The man is in the inner dialogue. Maybe for other professions that fact does not really matter, but not for the law, where the internal dialogue can easily become superficial.
Judged minors. Kids with a complex fate, not only for profit, but rather from the permissiveness and impunity and hooliganism, robbed sales warehouse. Theft committed banal way, bypassing all the alarm. Just punched a hole in the wall. The wall was, as it turned out, flimsy. All sorts of alarm were at the front door, and into the hole in the wall of the can had to go and do anything. Several days teenagers, making a hole in the wall, climbed to the warehouse and pulled out everything that you can. Police quickly found them. But showed humanism. What would make things easier for young offenders, the investigation has designed a confession and issuance of stolen property. This was reflected on almost every page of the criminal case. That is, not to notice it was impossible.
In the detention center one of the defendants placed. All come with their feet in court. Maybe their legs and gave way, but come. But where to go? At the hearing were not in the first benches with their parents, and not behind bars, pale (to x in prison it would be desirable?).
The indictment shall be read at the beginning of the trial, actually began with a statement of fact voluntarily surrender and extradition of stolen property. In particular, the first physical evidence, filed a voluntary issue, there was a fridge. How much they rested him — a mystery. Probably the same as building the pyramids of Egypt. Inexplicably, — fact. The mention of this, issued a refrigerator was practically on every page in the criminal case. It was impossible not to notice. The text of the surrendered refrigerator resembled a banner which read, that if he (refrigerator) is issued, then imprison anyone not necessary, and should be given a suspended sentence.
The judge was a man — a legend. Not to be confused with a man — a cat, or a man — a spider! Fabulosity of it was this: she is literally understood the educational function of the court. Judged only minors. It seemed that his judicial career began when none of the environment has not yet been born. Sentences she had quite humane, where possible, with the application, below the lower sentence. Almost all the penalties on those convictions were not related to deprivation of liberty. But, according to the old tradition of Soviet vessels — found it necessary to educate with the defendants. If a lawyer intervened — educational work carried out and with a lawyer. The lawyer could also learn a lot of interesting things in terms of their uselessness to society. Usually, it is not disputed, given the loyalty of sentencing. And by the way, after this educational work. As a rule, none of troubled teens for the second time on the bench of the accused did not sit down. So, what’s a grain of truth in this line of the court probably was.
While juvenile defendants and their parents did not start to cry as beluga, choking with tears, realizing his guilt to the public, the educational process was incomplete. As soon as a roar — a judge with a sense of accomplishment, was removed to the deliberation room to reach a verdict that, as a rule, was already written. The judge is not limited to educational work, but spent more and educational activities. Generally the text of the court, turned to the defendants and their parents, were as follows:
— Who wrote Repin painting «Three Heroes»?
Somehow, no one could answer this question. Sometimes lawyers prompted, but they got it for that.
— What are you reading now?
Answer — «three heroes» are not rolled.
— What do you mom for the product we deliver, defective. Do you have a husband, is a crutch on which you could rely on, and the child is not doing.
— If I was a child, I would like a tiger pounced on him and rods, shpitsrutenami … and you buy him fruit.
As usual, in the process, educational work had impact. In the nozzle were all sitting in the hall. Rolling process to its logical successful completion.
One of the lawyers involved in the process, was not included in all of this emotional performance, and thought of his own, personal. Luminaries divorce. My wife was an employee of trade. She preferred him an outstanding lawyer, any employee zavskladom. Warehouse — the opponent automatically took place in his heart a personal enemy. Divorce would be a heavy blow to life. In addition to an abused self-esteem, divorce meant no hot food at home, well, clean shirts and other discomfort. And share a joint acquired by overwork, property lawyer also did not want to.
Court declared the debate. First act relied lawyer treacherously abandoned his wife for warehouse manager. The lawyer stood up. His wandering eye from the case drew the two words «refrigerator» (mention of it was, for some reason, on each page) and «Warehouse» (a person who makes a list of stolen).
Personal experiences as captured him, that was raised from the depths of his soul emotions, not related to the case, which is currently listening to.
Fire-eyed Novice Lermontov he began his diatribe against the warehouse manager and other employees of trade that actually the case were recognized as victims. The task was to advocate his client’s defense speech. But it did not matter. Feelings and emotions prevailed: «For example, a refrigerator. Did not take the teens no fridge. Why is he to them? But managing a warehouse, which was the list of stolen property with a high probability he stole it and sold it, and the teen dumps … «.
Almost every episode of the case ended with the assumption that all the stolen Warehouse. From his speech, it appeared that young people — victims of malicious slander trade workers that they need to stick behind the two wings and give a kick to speed so they soared, as they are sinless unearthly creatures. And the devil incarnate — this Warehouse to which the court must be assigned at least the death penalty.
Representatives of the victim was not in the room, so there was no fighting.
Eyes sitting in the room with amazement grew like saucers and tea in diameter began to approach the size of dinnerware. The faces of the defendants was read teenagers wish hide under the bench on which they were not to take part in the further development of events.
Colleagues speaker stopped and held their breath, realizing that now will be present at the destruction of a national judge of his colleague.
Lawyer finished performances. In the hall hung ominous silence.
The judge looked up from his newspaper, which lay before her.
— Do you have it? — She asked the lawyer.
— All — trembling voice said lawyer just now regaining consciousness.
— Thank you — quietly told the judge and gave the floor to the next speaker.
These next few acting to defuse the situation, as his performance was closer to the subject of judicial review.
Judge plunged into reading the newspaper. The fact is that, having fulfilled their mission to the educational process, a judge for more than one of the participants did not consider it necessary to hear. The verdict in this case it was written before that.
So that all ended well. Without those killed, injured and heart attacks. When later asked the eccentric fellow speaker, that was it, he said proudly — so I had a position on the case.
AK attorney № 11 spacecraft MCBA
O. Orlov
References
1. Federal Law of 31 May 2002. № 63-FZ «On Advocacy and Advocacy in the Russian Federation» (as amended on October 28, 2003., August 22. Dec. 20, 2004., July 24, December 3, 2007., July 23, 2008.)
2. Code of Ethics for Lawyers (adopted by the first Russian Congress of lawyers 31 January 2003., As amended and restated by the P-Russian Congress of lawyers 08.04.2005g.
3. NG Belozor «Notes lawyer»
4. AA Rogatkin «Essays on the History of the Moscow Bar»
5. SN Gavrilova «Lawyer in criminal procedure»
6. EE Kolokolova ‘lawyers and the civil process of Russia «
7. YP Titov «Readings on the history of state and law of Russia»
8. LY Grudtsina «Russian bar 140 years: a historical retrospective»
9. YA Filippova, «Law Practice» 2005. № 4
10. YF Lubshev «Advocacy in Russia»
11. Eugene Huskey «Russian lawyers and the Soviet state»
12. MP Shalamov «History of the Soviet Bar»