Mission, values and prerequisites for the establishment of the association
Prerequisites for the creation of the Association
From 2002 to 2024, the Russian Federation, with the support of the Advocacy's governing bodies, implemented reforms that limited the independence of advocates and undermined the protection of the right to a fair trial.
The activities of the Federal Chamber of Advocates and the bar chambers of the country's regions during this period, especially in 2017 - 2024, made it impossible or, at best, extremely difficult for lawyers to effectively defend both their rights and the rights and interests of their clients. In addition, the actions of the staff of these organizations, claiming to be representatives of the entire bar community, clearly and almost universally manifested negative sustainable phenomena: authoritarianism, suppression of democracy, increased state influence, censorship, corruption and financial abuse, discrimination, repressive corporate rule-making and disciplinary prosecution of lawyers, ignoring the goals and objectives of lawyers' associations, anti-advocacy legislative initiatives.
Today, the governing bodies of the Advocacy in Russia do not adhere to and promote the principles of democracy, the rule of law and human rights, do not uphold justice and integrity, actually diminish the interests and needs of Russian lawyers and their rights, and their activities contradict international standards and the recommendations of the UN Special Rapporteurs. Therefore, the Federal Chamber of Advocates and bar chambers cannot be considered as independent organizations authorized to represent the interests of Russian advocates.
At the same time, lawyers, as independent legal advisers, need an association, independent of external interference, established and functioning on democratic principles, which protects their professional interests and promotes their continuing education and training.
Such a professional association is ultimately necessary for every person who needs to realize his or her right to qualified legal assistance and access to justice.
23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.
Basic Principles on the Role of Lawyers, Adopted 07 September 1990 by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba
The twenty-year period of the Law has shown that positive assessments of the activities of bar associations in Russia are not correct, and hopes for democratization of lawyers' self-governance bodies, increased accountability and transparency of their activities have not been fulfilled. The Federal Chamber of Advocates is not a professional association of lawyers and cannot be one, because lawyers are not members of this organization, and in turn it is not accountable to lawyers. However, lawyers are obliged to comply with the decisions of the FPA bodies and to make regular financial contributions to its maintenance under threat of termination of their status. According to international standards ... Bar associations should be independent, self-regulating, statutory and have a general mandate to protect the independence of the legal profession and the interests of its representatives. The results of monitoring, findings of scientific research and public events ... show that the functions and activities of the Federal Chamber of Advocates and Chambers do not meet high international standards. Today in Russia, the situation of the legal community is rapidly deteriorating, the level of protection of the rights and freedoms of citizens is falling, which requires an immediate response, including from the international community. The rights of lawyers to professional independence from both the state and corporate bodies of the Bar, to nominate candidates and to be elected to these bodies, to participate voluntarily in professional associations, to carry out their activities without threats, obstacles, and prohibitions are being violated. Today in Russia, the situation of the legal community is rapidly deteriorating, the level of protection of the rights and freedoms of citizens is falling, which requires an immediate response, including from the international community.The rights of lawyers to professional independence from both the state and the corporate bodies of the Bar, to nomination and election to these bodies, to voluntary participation in professional associations, to carry out activities without threats, obstacles, intimidation, unjustified restrictions and interference, to physical inviolability, to protection of the attorney-client privilege, to freedom of speech and expression, to freedom of movement, social and other rights of lawyers are violated.
Appeal of the Board of the Interregional Public Organization of Lawyers and Jurists “Initiative 2018” to the United Nations bodies, international bar associations and human rights organizations (Moscow, Russia, December 18, 2023)
International human rights law and standards, including articles 9 and 14 of the International Covenant on Civil and Political Rights, establish the importance of lawyers in protecting human rights and the contribution they make to maintaining the fair administration of justice. Contrary to these standards, lawyers who have voiced dissenting views and/or represented human rights defenders, journalists, opposition activists, anti-war protesters or victims of human rights violations in the Russian Federation have come under severe pressure themselves. This pressure includes disciplinary, administrative and criminal harassment and prosecution, and physical violence amounting to torture and ill-treatment
Situation of human rights in the Russian Federation. Report of the Special Rapporteur on the situation of human rights in the Russian Federation, Mariana Katsarova. Human Rights Council. Fifty-fourth session. September 11 to October 6, 2023, 15 September 2023.
Russian authorities have increased their attacks on the legal profession and lawyers, in particular those representing clients in cases of political persecution or national security. In April 2024, an amendment to the law governing the Russian bar (advokatura), undermined the autonomy of bar associations and the independence of the legal profession, in violation of fair trial standards. Lawyers have been prosecuted, disbarred and intimidated for providing legal services to persecuted groups and dissenters.
Situation of human rights in the Russian Federation. Report of the Special Rapporteur on the situation of human rights in the Russian Federation, Mariana Katsarova. Human Rights Council. Fifty-seventh session. September 9 to October 9, 2024, 13 September 2024. A/HRC/57/59
The International Bar Association's Human Rights Institute (IBAHRI) emphasized the dangers of recent legal reforms that further restrict the independence of lawyers and undermine the right to a fair trial, including recent amendments to the Law on State Secrets and the Law on Advocacy and Advocacy.
IBAHRI delivered an oral statement on behalf of Lawyers for Lawyers (L4L) and LRWC during an interactive dialogue with the UN Special Rapporteur on the situation of human rights in the Russian Federation. The statement condemns widespread and increasing harassment of independent lawyers in Russia, including judicial harassment, arbitrary disciplinary measures, disbarment and criminal charges. Lawyers face serious pressure, including judicial harassment and physical violence. IBAHRI expressed concern about the Law on Advocacy and Advocacy, which further threatens the independence of lawyers, and the Law on State Secrets, which restricts the freedom of movement of lawyers, especially those trying to escape prosecution.
IBAHRI at the UN Human Rights Council: Key Findings, 18 October 2024
… the preservation of an independent legal profession is vital and indispensable for guaranteeing human rights, access to justice, the rule of law and a free and democratic society…
Resolution on the Deregulation of the Legal Profession (Adopted by the Council of the International Bar Association (IBA) on June 6, 1998 in Vienna)
