Abstract
The concept of lawyering in Russia has undergone enormous changes in the last few decades and continues to evolve as the nation ushers in reforms to the profession. Examining the legal profession in Russia on its own without the comparison to the West is most effective. The country was shaped by its own history and societal norms; thus, it cannot resemble any other nation's speed and depth of developments in the legal field. As such, Russia's creation, and development of the "On Work" ethics code and other regulations for the advocates ("advokatura") is a huge accomplishment and reflection of the Western perspective on democracy and rule of law.
Establishment of the professional framework for an advocate's law practice is a serious endeavor and can only be strengthened over time. The numerous amendments and revisions to the "On Work" ethics code within the last decade continue to demonstrate the country's progress in that direction. Accordingly, this Article examines the latest developments in attorney ethics and regulation in Russia and offers a framework for resolving several inquiries that have been raised along the way.
First, it will discuss the composition of the legal profession in Russia and how it is formally divided into five separate fields of practice: notaries, prosecutors, judges, advocates, and jurists. It will also explain the specific accompanying educational requirements, professional responsibilities, and regulations pertaining to each field. Next, this Article will address the practice of advocates ("advokatura") with its applicable professional regulations and ethical standards, highlighting how these rules and laws have been changed and amended in the last decade.
This Article will acknowledge that, although Russia has made significant moves towards a new ethical system of legal representation for advocates, the regulation of jurists still remains nonexistent, thereby creating an uneven playing field in the country's law practice. The validity of this arrangement often comes down to arguments in support of self-regulation of a profession with the potential benefits and downsides weighed against various concerns pertaining to the idea of monopolizing legal services.
Finally, this Article will culminate a proposed solution allowing a workable compromise that would strengthen a respectful and ethical legal profession in Russia going forward, while minimizing the current obstacles. Due to the country's historic nature and deep roots in society's practice, these obstacles cannot be eliminated in a heartbeat. In sum, the proposal will include grandfathering all jurists with significant law practice experience via providing licensure and implementing a mechanism for at least minimal accountability and professional responsibility, while only allowing advocates to join the legal profession moving forward.
Recommended Citation
Katerina P. Lewinbuk,
True Perestroika or Still Perfunctory: A Decade of Developments in Russian Law Practice Reform,
32 Fla. J. Int'l L.
(2021).
Available at: https://scholarship.law.ufl.edu/fjil/vol32/iss3/1