On 22 April 2024 the President of the Russian Federation signed Federal Law No. 83-FZ dated 22 April 2024 «On Amendments to the Federal Law “On Advocacy and Advocacy in the Russian Federation”» (hereinafter - Federal Law No. 83).
The main change was the creation of the Unified State Register of Advocates (hereinafter - the “Register”) – a federal information resource containing information on all advocates of the Russian Federation, as well as on applicants who failed the qualification examination. Federal Law No. 83 authorizes the Ministry of Justice of the Russian Federation to maintain the Register and determine the procedure and composition of the information to be included in the Register.
In addition, the Ministry of Justice of the Russian Federation has the right to publish information about advocates included in the Register, providing that such information is classified as open and publicly available. At the same time, the right to practice as an advocate now arises from the moment the information on the advocate is entered in the Register.
The amendment also affects the powers of the Ministry of Justice of the Russian Federation and its territorial bodies to bring advocates to disciplinary responsibility. Thus, the Ministry of Justice of the Russian Federation and its territorial bodies, having information on the circumstances constituting grounds for initiating disciplinary proceedings against an advocate, have the right to file an appeal to the Advocates Association on the application of disciplinary measures against such advocate. The Ministry of Justice of the Russian Federation and its territorial bodies may also submit an opinion on the circumstances discovered which constitute grounds for the termination of the status of an advocate. Such submissions are subject to mandatory consideration by the competent bodies of the Advocates Association.
In addition, Federal Law No. 83 introduces amendments to certain articles of the Federal Law «On Advocacy and Legal Representation in the Russian Federation». In particular, it clarifies the grounds for terminating the status of an advocate. Now, the status of an advocate may be terminated by a decision of the Advocates Association, including in cases where the advocate leaves the Russian Federation for permanent residence or for a period exceeding one year, except for travel for reasons of necessity, such as medical treatment or training.
It is difficult to assess these changes unequivocally. On the one hand, the creation of a single register will enable individuals to check the validity of a lawyer’s status online before concluding a legal assistance contract. This will, of course, be an additional guarantee of high-quality legal assistance for citizens and legal entities. On the other hand, the dynamics of the extension of the powers of the Ministry of Justice of the Russian Federation in terms of control over lawyers' organizations have yet to be assessed.