Strengthening the legal system of the Russian Federation takes reforming legislation and education

The legal system in Russia has undergone considerable development in recent years. However, in order to further strengthen this area, the quality of training needs to be improved and legislation needs to be on par with today’s challenges. One solution to improve the level of training could be to hold qualification examinations for judicial representatives. This opinion was expressed by experts, government officials and law firms at the session entitled ‘The Legal Services and Legal Representation Market’ held as part of the 11th St. Petersburg International Legal Forum (SPILF).

KEY CONCLUSIONS

The legal system in Russia is developing dynamically

“We all take pride in our profession. <…> Everywhere, in any country of the world, lawyers have always been and, I hope, will remain the elite that proudly takes this title. <…> Being a corporate lawyer is just as reputable as being an attorney,” Elena Krupskaya, Director of Legal Affairs, X5 Group.

“There is no cause for discouragement because all sectors of the legal market have been substantially modernized over the time [since the collapse of the USSR, – Ed.]. Think about 1991 and consider whether it’s worth talking down what we have now,” Sergey Pepeliaev, Managing Partner, Pepeliaev Group.

PROBLEMS

Human rights defenders lack professionalism. An increasing number of unscrupulous lawyers and litigators

 “Think about it, there is no requirement to know Russian law for professional court representatives, nor, incidentally, is there a requirement to speak Russian,” Maria Pukhova, Senior Lawyer, Barshchevsky & Partners Moscow Bar Association.

“The problem is with crooks who, even though they have a law degree, set up their own firms with no knowledge or skills at all,” Mikhail Barshchevsky, Plenipotentiary Representative of the Government of the Russian Federation at the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

SOLUTIONS

Better training for legal professionals

“There is a fairly simple and obvious solution – a qualification exam [for court representatives, – Ed.] <...> Not everyone should be allowed to take it, but citizens of the Russian Federation who have the legal capacity, do not have an outstanding or unexpunged conviction for an intentional crime, and have a degree in law,” Maria Pukhova, Senior Lawyer, Barshchevsky & Partners Moscow Bar Association.

“Improving the quality of legal services has to start with improving the quality of education. In my opinion, both respect for the profession and improving the quality of legal services lie in culture. The culture of our profession has to become higher,” Elena Krupskaya, Director of Legal Affairs, X5 Group.

Legislative reform in the legal sector

“I would propose a project which I call ‘Six Steps to the Legal Market’. Limit access to legal practice to former law enforcement officers and judges. <...> Adopt a set of legal aid market customs. <...> Establish the concept of a law firm. <...> Expand and guarantee the immunity of lawyers. <...> Align the tax status of lawyers with that of other self-employed persons. <...> Restrict access of foreign lawyers to the Russian market,” Sergey Pepeliaev, Managing Partner, Pepeliaev Group.

“I am in favour of professional court representation. <...> Why hasn’t the concept for the development of professional court representation yet been implemented? It was drafted by the Ministry of Justice back in 2017. An excellent concept, and 100% of lawyers fully support it,” Rustam Kurmaev, Managing Partner, Rustam Kurmaev & Partners.

“Regarding why the concept was not implemented. <...> There has been a whole number of drafts. Let’s set up a working group and start the discussion,” Konstantin Chuychenko, Minister of Justice of the Russian Federation.

For more information, visit the Roscongress Information and Analytical System roscongress.org.

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