System of bodies of advocate self-government, Advocate...

The system of law enforcement agencies

Lawyer's Chamber of the Subject of the United States

In each US subject, only one Chamber of Laws of this subject of the United States (hereinafter - the Chamber of Attorneys) can be formed, which has no right to form its structural divisions, branches and representative offices in the territories of other US entities. The formation of interregional and other interterritorial chambers of law is not allowed.

The Chamber of Advocates has the following structure (Figure 1):

- meeting (conference - if there are more than 300 attorneys in the US entity) - the highest body that meets at least once a year;

- Council of the Chamber of Attorneys (no more than 15 people and subject to rotation every two years by 1/3) - a permanent collegial executive body of the Chamber;

- the president (elected by the council for four years) - the sole executive body of the bar;

- the Audit Commission - the body controlling the financial and economic activities of the Chamber;

- the apparatus of the Chamber of Attorneys.

In addition, a two-year qualification commission for 13 years is formed in the Chamber of Attorneys.

The Chamber of Attorneys is a non-governmental non-profit organization based on the mandatory membership of lawyers of one US entity, i.e. lawyers whose details are included in the list of lawyers of one US subject.

Attorneys' Chambers act on the basis of general provisions for the organization of this type, provided for by the Law on Advocacy and Advocacy.

The law defines the objectives of creating a bar:

- ensuring the provision of qualified legal assistance and its accessibility for the population throughout the territory of this subject of the United States;

- the organization of legal aid provided to citizens of the United States free of charge;

- representation and protection of interests of lawyers in public authorities, local self-government bodies, public associations and other organizations;

- control over the professional training of persons admitted to practice as advocates, and compliance by lawyers with the code of professional ethics of counsel.

The advocate chamber is formed by the constituent assembly (conference) of lawyers and on the basis of the decision of the constituent assembly (conference) of lawyers is subject to state registration in accordance with the procedure established by the federal law on state registration of legal entities.

The Chamber of Attorneys has its own name, which contains an indication of its organizational and legal form and the subject of the United States on whose territory it is established, for example, the Bar of the City of Moscow.

The Chamber of Attorneys is a legal entity, has its own balance sheet, opens settlement and other bank accounts in accordance with US law, and also has seals, stamps and forms with its name containing an indication of the US entity in whose territory it is established.

The Chamber of Attorneys is the owner of the property, which is formed at the expense of deductions made by lawyers for the general needs of the Bar, grants and charity donations from legal entities and individuals.

The lawyers are not responsible for the obligations of the bar, and the bar does not answer for the lawyers' obligations.

The peculiarity of the legal status of the Bar Association is a ban on reorganization. Liquidation of the Chamber of Attorneys of the US subject can be carried out only on the basis of the federal constitutional law on the formation of a new subject within the United States.

Since the Bar Association is created to perform managerial and organizational functions within the framework of the advocacy community, decisions of the Bar Chambers taken within their competence are mandatory for all members of the Bar.

The Chamber of Advocates does not have the right to carry out advocacy activities on its own behalf, as well as engage in entrepreneurial activities.

The meeting of lawyers is the supreme body of the Chamber of Attorneys of the US subject and is convened at least once a year. If the number of the Chamber of Attorneys exceeds 300 people, the supreme body of the Bar is the Bar Association.

The meeting (conference) of lawyers is considered eligible if at least two thirds of the members of the Bar Association (conference delegates) participate in its work, and decisions are taken by a simple majority of the lawyers attending the meeting.

System of Bodies of Advocacy in the Subjects of the United States

Fig. 1. System of Bodies of Advocacy in the Subjects of the United States

The exclusive competence of the meeting (conference) of lawyers are:

1) the formation of a council of the Chamber of Attorneys of the United States entity, including the election of new board members and the termination of the powers of the members of the council to be replaced, in accordance with the procedure for updating (rotating) the council, deciding on early termination of the members of the council, decisions of the Council on the early termination of the powers of the members of the council, whose status of attorney was terminated or suspended;

2) election of members of the Audit Commission and election of members of the Qualification Commission from among lawyers;

3) election of a representative or representatives to the All-United States Congress of Advocates;

4) determining the amount of compulsory deductions of lawyers for the general needs of the bar;

5) approval of the estimate of expenses for the maintenance of the bar;

6) approval of the report of the Audit Commission on the results of the audit of the financial and business activities of the Bar Association

7) approval of the Board's reports, including the execution of the budget for the maintenance of the Bar Association;

8) approval of the rules of the meeting (conference) of lawyers;

9) determining the location of the council;

10) creation of trust funds of the bar of advocates;

11) the establishment of incentives and responsibilities of lawyers in accordance with the Code of Professional Ethics of the lawyer;

12) making other decisions in accordance with the Law on Advocacy and Advocacy.

Council of the Chamber of Laws is the collegial executive body of the US Chamber of Advocates.

The council is elected by a meeting (conference) of lawyers by secret ballot in the amount of no more than 15 people from the membership of the members of the bar association and is subject to updating (rotation) once every two years by 1/3. The Council is accountable to the meeting (conference), in connection with which it is obliged to prepare an annual report on its activities, including the execution of the budget for the maintenance of the bar of lawyers, which is approved by the next meeting (conference) of lawyers.

With the next rotation, the President of the Chamber of Attorney submits to the Council the candidacies of the members of the Board for retirement, as well as the candidatures of lawyers to fill vacant positions of the members of the Bar Council. After approval by the Council of the Chamber of Attorneys, the candidatures submitted by the President are submitted for consideration by the meeting (conference) of lawyers for approval.

If the meeting (conference) of lawyers does not approve the candidatures submitted, the President of the Chamber of Attorney submits new candidatures for approval to the meeting (conference) of lawyers only after they have been considered and approved by the council of the bar.

Council of the Chamber of Attorneys of the Subject of the United States:

1) elects the President of the Bar for a term of four years and, on his recommendation, one or more Vice-Presidents for a term of two years, determines the powers of the President and Vice-Presidents. At the same time, one and the same person can not hold the office of president of the bar of advocates for more than two consecutive terms;

2) in the period between meetings (conferences) of lawyers, decides on early termination of the powers of the members of the council, whose status of lawyer is terminated or suspended. These decisions are submitted for approval by the next meeting (conference) of lawyers;

3) determines the norm of representation for the conference and the procedure for electing delegates;

4) Ensures the availability of legal assistance throughout the United States, including legal aid provided to citizens of the United States free of charge in cases provided for by law. To this end, the council decides to establish legal advice upon presentation by the executive body of the subject of the United States of America and directs lawyers to work in legal consultations in accordance with the procedure established by the council of the bar;

5) determines the procedure for providing legal assistance to lawyers participating as defense lawyers in criminal proceedings for the appointment of investigative bodies, preliminary investigation bodies or courts; brings this procedure to the attention of these bodies, lawyers and controls its execution by lawyers;

6) determines the procedure for paying remuneration at the expense of the advocate chamber to lawyers who provide legal aid to citizens of the United States for free;

7) represents the Chamber of Attorneys' in public authorities, local government bodies, public associations and other organizations;

8) promotes professional development of lawyers, including approves programs to improve the qualifications of lawyers and training lawyers, organizes professional training for programs submitted;

9) examines complaints against actions (inaction) of lawyers taking into account the conclusion of the qualification commission;

10) protects the social and professional rights of lawyers;

11) promotes the provision of legal entities with office space;

12) organizes information support for lawyers, as well as sharing work experience between them;

13) carries out methodical activity;

14) convene at least once a year the meeting (conference) of lawyers, form their agenda;

15) disposes of the property of the Chamber of Attorneys in accordance with the estimate and assignment of property;

16) approves the regulations of the Council and the Audit Commission, the staff list of the staff of the Chamber of Advocates;

17) determines the amount of remuneration of the president and vice-presidents, other members of the council of the bar of advocates and members of the audit and qualification commissions within the limits of the estimated expenses for the maintenance of the bar of lawyers approved by the meeting (conference)

18) maintains a register of legal entities and their branches in the territory of the relevant subject of the United States;

19) gives, within the limits of his competence, upon inquiries of lawyers, explanations regarding possible actions of lawyers in a difficult situation concerning the observance of ethical norms, on the basis of the Code of Professional Ethics of the lawyer.

Board meetings are convened by the President of the Bar Association as necessary, but at least once a month. The meeting is considered eligible if at least two-thirds of the members of the council are present.

Board decisions are made by a simple majority of the members of the council participating in its meeting, and are mandatory for all members of the bar.

Council of the Chamber of Attorneys has no right to carry out advocacy in its own name, as well as engage in entrepreneurial activities.

In case of failure of the Council of the Chamber of Attorneys to comply with the requirements of the Law on Advocacy and Advocacy, the powers of the Council may be terminated early in the meeting (conference) of lawyers. At the same time, an extraordinary meeting (conference) of lawyers is convened by the council at the request of at least half of the members of the bar of advocates, at the request of the territorial body of justice or by decision of the council of the Federal Chamber of Advocates.

In the event of a systematic failure by the council of the Chamber of Advocates to take decisions of the bodies of the Federal Chamber of Advocates of the United States taken within the competence of these bodies, including in the case of non-payment of mandatory deductions for the general needs of the Federal Chamber of Advocates of the United States for more than six months, an extraordinary meeting (conference) of lawyers is convened Council of the Federal Chamber of Advocates USA.

The decision of the Council of the Federal Chamber of Advocates of the United States should specify the grounds for convening an extraordinary meeting (conference) of lawyers, the time and place of the meeting (conference) of lawyers, the norm of representation and the procedure for electing delegates to the conference.

The President of the Chamber of the Chamber of Subjects of the United States , being the sole executive body of the Chamber of Attorneys, represents the Bar in relations with public authorities, acts on behalf of the Chamber of Attorneys without a power of attorney, issues powers of attorney and concludes transactions on behalf of the Bar; disposes of the property of the Chamber of Attorneys upon the decision of the council in accordance with the estimate and with the appointment of the property; carries out the recruitment and dismissal of employees of the staff of the Chamber of Attorneys; summons meetings of the council; ensures the implementation of decisions of the council and decisions of the meeting (conference) of lawyers.

The President of the Chamber of Laws initiates disciplinary proceedings against a lawyer or lawyers in the presence of an acceptable motive and in the manner prescribed by the Code of Professional Ethics of the lawyer.

The Audit Commission is elected from the number of lawyers whose details have been entered in the regional register of the relevant US entity to monitor the financial and business activities of the Bar and its bodies. The Audit Commission is formed by the meeting (conference) of lawyers and reports on the results of its activities only before the meeting (conference) of lawyers.

Members of the Audit Commission may not hold another elected office in the Bar.

The Qualification Commission has a special legal status, since it is not a body of the Chamber of Attorneys, but it is created and functions as an organ in the Chamber of Attorneys. In this regard, the qualification commission is not accountable to the Bar and its bodies.

The Qualification Commission is created to receive qualification examinations from persons claiming the status of an attorney, as well as to consider complaints about the actions (inaction) of lawyers.

The Qualification Commission is formed for a term of two years in the amount of 13 members according to the following norms of representation:

1) from the Bar - seven lawyers, including the president of the Chamber of Attorneys of the United States, who is the chairman of the qualification commission. At the same time, a lawyer - a commission member must have at least five years of experience as a lawyer;

2) territorial body of justice - two representatives;

3) the legislative (representative) body of state power of the subject of the United States - two representatives. At the same time, representatives can not be deputies, state or municipal employees. The procedure for electing these representatives and the requirements imposed on them are determined by the laws of the subjects of the United States;

4) the supreme court of the republic, the regional court, the regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region - one judge;

5) the arbitration court of the subject of the United States - one judge.

The Qualification Commission is considered to be formed and is competent to take decisions if there are at least two-thirds of the members of the Qualification Commission in its membership.

The meetings of the qualification commission are convened by the chairman of the qualification commission as necessary, but not less than four times a year. The meeting is considered eligible if at least two thirds of the members of the qualification commission are present.

Decisions made by the qualification commission are formalized by a protocol, which is signed by the chairman and secretary. If a member of the Qualification Commission has a dissenting opinion on voting other than the decision taken by a majority of the members of the Qualification Commission present at the meeting, this opinion shall be submitted in writing and attached to the minutes of the meeting.

Decisions of the Qualification Commission on the issue of admission of qualification examinations for persons applying for the status of an advocate, as well as the conclusion of a qualification commission for disciplinary proceedings are taken by a simple majority of the members of the Qualification Commission participating in its meeting, by voting with personal bulletins. Forms of bulletins are approved by the Council of the Federal Chamber of Advocates USA.

Ballots for voting on the admission of qualification examinations, texts of written answers to questions (testing) are attached to the protocol of the meeting of the qualification commission and are stored in the documentation of the Bar as strict reporting forms for three years. The decision of the qualification commission is announced to the applicant immediately after the vote.

The conclusion of the qualification commission is given on the results of the examination of the disciplinary proceeding about the presence or absence in the actions (inaction) of the lawyer of violation of the norms of the code of professional ethics of the lawyer, about non-fulfillment or improper performance of his duties. At the same time, the lawyer and the person who filed a complaint about the actions (inaction) of the lawyer, have the right to an objective and fair consideration of the complaint. These persons have the right to bring to consideration a complaint of a lawyer of their choice.

Lawyers who are members of the Qualification Commission, as well as the Audit Commission, as well as the President and Vice-Presidents, other members of the Board, can combine work in the Bar Association with advocacy, while receiving remuneration for this work in the amount determined by the Council of Advocates chambers.

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