For the first time fined for refusing to provide information on the Lawyer’s request

Created an important precedent: the court fined the company, did not respond to request for a lawyer.
Punished for his silence a car wash in the Samara region. It seems that his team simply thrown in the trash a request from a lawyer. Although then we assured if sent in response time. However, this could not prove.

“It was revealed that in the address of the said organization enrolled lawyer’s request for an order - dress repair person car, legal interests are represented by a lawyer - told the prosecutor of the Samara region -. At the end of the month prompted, the applicant has not acted in the course of. test director of the company explained that the lawyer sent to the address of the answer simple correspondence without a return notification. Provide proof of sending letters to the address of the applicant, he can not. ”

Until recently, such behavior - whether sent, or not, but the letter is still lost - no one does not threatened. However, in June this year, a law was passed, the status of the efforts of a lawyer request.

By law, the authorities and various organizations should respond to the request for a lawyer in 30 days
To give a special weight on a lawyer has been amended the Code of Administrative Offences. Those who leave an unanswered defender, risking to pay a fine of one to three thousand. The amount, of course, a small, but important is the principle that a violation is punished. Besides a visit to the organization of prosecutors, violated the rules of the lawyer, and therefore his client was an honest answer, pulls on a separate nuisance. Maybe it’s better not to wait for prosecutors and immediately answer honestly?

At the time the information obtained will help protect human counsel. Actually, the special status of lawyers’ request is needed not only by the lawyers as their clients. The fuller the lawyers’ files, the more chance to prove the truth. And this counsel need access to information.

As reported in the prosecutor’s office, in this case, the magistrate issued a decision on the appointment of the Director in relation to the fine service centers in the amount of thousands of rubles. That is, the lower limit. But most importantly - start.

- The news that came, said that the request for a lawyer - this is not a myth that non-fulfillment of this request involves the very real sanctions - said “RG” executive vice president of the Federal Chamber of Lawyers of Russia Andrey Suchkov. - I think that this practice will continue. In this case there is no problem to this responsibility widened. It would be desirable that those who receive requests, understood that for default liability not only provided, but the actual act. It is necessary to inform the population in the first place, officials.

According to the law the state authorities and local self-government, as well as associations and other organizations are obliged to answer the lawyer’s request for a 30-day period. If this deadline is not enough, it can be increased, but not more than 30 days from the notification of the lawyer.

The requirements for the form, order execution and direction of lawyer request will be determined by the Ministry of Justice Authority. But the form is not yet approved. Therefore, advocates are now asking not whether the attorney requests ignored by the addressees, with reference to breaking the mold? Federal Chamber of Advocates has sent its proposals to the Russian Ministry of Justice in respect of lawyers’ request form, and in terms of the order of its execution and direction. In any case, the questions already have power and to remain silent on the sole ground that there was no form of organization is not entitled to.

- Today, the lawyers sent requests are entirely legitimate, no matter what their shape is not yet approved, - said Andrey Suchkov. - First of all, this way of getting information is used by lawyers for more than a decade, and there is no reason to even temporarily abandon it in anticipation of the approval requirements to the legal request. Secondly, almost all the requirements for the form, order execution and direction of a lawyer already fulfilled the request by lawyers, that is, It is an ordinary practice of law. Therefore, the expected order of the Ministry of Justice that little will change in this regard.

31 August 2016

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