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We know everything about bankruptcy
29/12/2024
Sunday
THIS DAY IN HISTORY:
29 December 
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
29 December
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
Persons without legal education will have a chance to participate in bankruptcy proceedings
The new plenum of the Supreme Court of the Russian Federation gave clarifications on the issue of whether the individuals, who do not have a legal education, can have a right to receive documents in arbitration courts. Considering the fact that cases of insolvency of individuals often go through arbitration, the possibility of getting acquainted with the case materials for non-lawyers remains an urgent problem.
Legislation (first of all, the APC of the Russian Federation), as you know, allows only persons with higher legal education, candidates and doctors of legal sciences, as well as lawyers to be representatives in court. It would seem that following the law excludes the possibility for participants in the process to seek help from people who do not have the appropriate educational status. However, considering possible exceptions for this legal institution, the highest authority supplemented them with a new one.
According to the decision of the Supreme Court of the Russian Federation, which describes the rules for the application of the APC of the Russian Federation in the courts of first instance, persons without legal diplomas will now be able to take part in the process if at least one lawyer is involved in the case on the side of the represented. At the same time, the procedural rights of such ‘non-professional’ representatives will be similar to everyone’s else.
Valeria Gerasimenko, CEO of the Union of Arbitration Managers SRO Severnaya Stolitsa, noted that, in general, these are positive explanations that make life of arbitration managers and other participants of bankruptcy cases easier. The Supreme Court has made it easier to perform technical functions. And this is absolutely logical, since no special legal knowledge is required in order to simply go to court and take photos of the materials.
Dmitry Dmitriev, CEO of the UDM group law firm, also agrees with the position. He calls this decision a logical one. Indeed, for small cases (submit documents, receive, make copies) it is easier to attract an intern. Otherwise, Dmitriev considers it good practice that qualifications are still required for representatives, otherwise ‘your friend Vasya’, who worked in a nearby office with lawyers, can only add problems rather than solve them.
Legislation (first of all, the APC of the Russian Federation), as you know, allows only persons with higher legal education, candidates and doctors of legal sciences, as well as lawyers to be representatives in court. It would seem that following the law excludes the possibility for participants in the process to seek help from people who do not have the appropriate educational status. However, considering possible exceptions for this legal institution, the highest authority supplemented them with a new one.
According to the decision of the Supreme Court of the Russian Federation, which describes the rules for the application of the APC of the Russian Federation in the courts of first instance, persons without legal diplomas will now be able to take part in the process if at least one lawyer is involved in the case on the side of the represented. At the same time, the procedural rights of such ‘non-professional’ representatives will be similar to everyone’s else.
However, if the participant in the process (plaintiff or defendant) does not involve a single lawyer in the case, the participation of non-lawyers is also not allowed.
Experts note that earlier such a norm was already enshrined in the decision of the Constitutional Court of the Russian Federation (No. 37-P of 07/16/2020). However, the implementation of the norm in practice remained expressed only on paper.Valeria Gerasimenko, CEO of the Union of Arbitration Managers SRO Severnaya Stolitsa, noted that, in general, these are positive explanations that make life of arbitration managers and other participants of bankruptcy cases easier. The Supreme Court has made it easier to perform technical functions. And this is absolutely logical, since no special legal knowledge is required in order to simply go to court and take photos of the materials.
Dmitry Dmitriev, CEO of the UDM group law firm, also agrees with the position. He calls this decision a logical one. Indeed, for small cases (submit documents, receive, make copies) it is easier to attract an intern. Otherwise, Dmitriev considers it good practice that qualifications are still required for representatives, otherwise ‘your friend Vasya’, who worked in a nearby office with lawyers, can only add problems rather than solve them.
In the same decision, the highest court also touched upon the issue that often arose in legal practice: should a lawyer show a diploma of education in court or is it enough just to present a certificate.
The court unequivocally fixed the rule that the presentation of a diploma is not mandatory for lawyers, since according to the law it is impossible to become a lawyer without a diploma. 27.01.2022
