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29 JULY 2009 REGULAR ATTEMPT OF ELIMINATION OF BAR INDEPENDENCE IN RUSSIA

Posted Wed, 07/29/2009 - 20:17 by admin

On 28 July 2009 Ministry of Justice of Russian Federation suggested a new initiative concerning position of Russian lawyer. Alexander Konovalov a Minister of Justice plans to introduce a system of regular mandatory retesting of all Russian lawyers - the professional re-examinations are invited at least once every 5 years.
- The initiative of Ministry of Justice is the regular attempt to eliminate the independence of Russian Lawyers, - Evgeny Arkhipov a Chairman Association of Russian Lawyers for Human Rights said. - In practice, we face with different methods of pressure against many Russian lawyers especially at regional and local level. For example, if lawyer advocated victims of seeking of officials or law enforcement, he suffers a falsification of criminal case against him, or he is deprived of Lawyer Status or he becomes a victim of violence and even killing. A striking example is the murder of lawyer Stanislav Markelov in down town of Moscow. Alexander Konovalov’s proposal is unconstitutional and violates international rules and standards which guarantee the independence of all lawyers in the World. The attempt to adopt   «professional examination» every 5 years for Russian lawyers follows to the result that the most independent, principled lawyers will not be able to pass the specified test and will lose their status.
Everybody remembers the pressure against the lawyer Karinna Moskalenko, when the Ministry of Justice initiated a procedure of deprivation of her lawyer status.
Thus, according to this proposal, a lawyer who reached 70 years of age must pass professional examination every 5 years.
Also this initiative affects the most reputable lawyers - Reznik, Kucherena, Padva etc.,
i.e. their professional competence is discredited!
The question arises: It may be better to propose the examination of professional competence for authorities at all levels of Russian Power.
We address to the lawyer's community to pay attention to Ministry of Justice initiative which contradicts to Russian Constitution, and we ask to join efforts in preventing of the liquidation of Russian Lawyers independence.
If this proposal follows as a legislative initiative, within framework of the Association of Russian Lawyers for Human Rights we will initiate a legal procedure to prevent the adoption of this proposal. Also we are ready to use international mechanisms to defend the independence of Russian lawyers.

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