lawyers for the poorer due of the lack of customers and lease payments.
As it became known “Kommersant”, the bar councils and the legal office as Moscow and the Moscow region and other regions of Russia appealed to the authorities to reduce the pay rate or at least to postpone payments for the rented their premises. Lawyers claim that due restrictions associated with a coronavirus, they are huge losses, and lease payments — primary expenditures. The almost complete inability to work in the courts, to represent the interests of and give advice in their workload dropped by 90%, set, according to the defenders, their families, in terms of the struggle for survival.
According to “Kommersant”, one of the first appealed to the local leaders of the heads of the chambers of advocates (PA) Metropolitan area. The President of the Council of the AP of Moscow Igor Polyakov wrote a letter to mayor Sergei Sobyanin, and a similar document addressed to the Governor of Moscow region Andrei Vorobyov soon arrived from the head of the suburban AP Alexei Galoganov.
Referring to the law “On advocate activity and advocacy in Russian Federation”, head of the presidential administration reminded that in accordance with the Constitution, lawyers entrusted the right of citizens to qualified legal assistance, but because advocacy is an integral mechanism in the administration of justice in General. But in terms of pandemic coronavirus advocates are asking that officials have supported them. They note that face significant challenges — have a loss and can not earn income from professional activities in connection with the restriction of the mode of functioning of the courts, prison and other agencies and organizations in which advocates represent their clients.
“Many lawyers, and members of their families in connection with the sharp reduction in income was in terms of the actual struggle for survival,” — said Golovanov, noting that civil, administrative and arbitration proceedings are practically not considered by the courts. In addition, he recalled that the investigation and consideration of the majority of criminal cases are also delayed or suspended, and the possibility of providing Advisory assistance are virtually absent.
According to him, there is also a tendency that, as suggested by Galaganov, will increase the abandonment of previously concluded agreements lawyers. He connects this with the losses incurred by customers seeking to cut costs. Meanwhile, remind the representatives of chambers, each lawyer personally or as part of education pays all expenses: rent, salary of accountants, secretaries and other personnel, and these costs “may not be cancelled or reduced”.
the lawyers, despite the threat of infection of the coronavirus, participate in the investigation and the courts. But the defenders, unlike civil servants, there are no guarantees of earnings and sick pay or benefits in the event of death. In this situation, lawyers are asked to take measures at the regional and municipal levels in relation to the payment of rent of premises in the state.
the head of the Council of the AP of Moscow Igor Polyakov in his letter to the mayor noted that the lease is a major financial burden on attorneys who regularly assist the city authorities. “The bar of the city of Moscow has always been actively engaged in legal education of citizens, free legal aid, including on the issues of renovation, assisting the Moscow city Duma”, — said the Poles.
Vice President of the Federal chamber of advocates (FCA) of the Russian Federation Mikhail Tolcheev said “Kommersant” that the issue of payment of rent by lawyers is not only limited to the capital region, and “certainly relevant for the entire Russian Federation”. Now the FDA analyzes the incoming data from the regions, but it is clear that the problem is in Khanty-Mansiysk Autonomous district, Dagestan, Chuvashia, the Tambov region, and others. According to Tolcheeva, they are the result of “a certain inflexibility” of state and municipal property. “It is clear that all of today bear the loss associated with the inability to carry out activities, and legal education is no exception,” said Vice President the Federal chamber of lawyers of the Russian Federation, noting that his colleagues have to bear the costs of rent, despite the lack of income and even the possibility of using rented premises. “Given the regulatory capabilities of the refusal to perform the contract due to extraordinary and unforeseen circumstances landlords of commercial real estate usually go for a reasonable reduction of the rent size for the some period, provide deferral and other benefits”, — said Mikhail Tolcheev, explaining that the latter is simply interested in preserving themselves of the lease.
As he claims, these owners are more important to follow the logic of the approved at higher levels of government support measures.
“At the moment all the efforts of the Federal and regional governments aimed at strengthening of health and the stabilization of the economy, which increasingly suffered from the spread of coronavirus, — told “Kommersant” in the Ministry of property relations of Moscow region.— Moscow region government has already introduced a number of measures to support entrepreneurs. In the case of tenants introduced a delay of payment of rent for regional property and land, and also land, state��TWAIN property on which is not differentiated”. The Ministry explained that the measure of support for branches approved by the government of the Russian Federation, as well as trade, which suffered the greatest losses from the downturn in connection with the spread of the coronavirus and the introduction of high alert mode.
According to the Federal law “On advocate activity and advocacy in Russian Federation” advocacy is not a business, so as to deferment or exemption from payment of rent for the property cannot be granted, the Ministry noted.
Sergey Sergeev, Alexander Voronov