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Article 8. Lawyer’s secrecy

1. The lawyer’s secrecy shall be any information connected with rendering legal assistance by the lawyer to his principal.
2. The lawyer may not be summoned and interrogated as the witness regarding the circumstances which he has known owing to application to him for legal assistance or in connection with rendering such assistance.
3. Taking operational investigation measures and investigative actions with regard to the lawyer (including these taken in the living accommodation and the office premises used for advocacy) shall be allowed only on the grounds of court award.

The information, things and documents obtained in the course of taking operational investigation measures or investigative actions (including these obtained after suspension or termination of the status of the lawyer) may be used as prosecution evidences only in the case when they have not been included by the lawyer in the procedure connected with the cases of his principals. The specified restrictions shall not be applied to instruments of crime as well as to the things which have been prohibited for circulation or circulation of which has been limited in conformity with the legislation of the Russian Federation.

Article 9.Acquisition of status of lawyer

1. A person which has higher legal education received in the institution of higher professional education having the state accreditation, or has academic degree connected with legal profession shall have the right to acquire the status of lawyer in the Russian Federation. The specified person shall also have the record of service in the legal profession not less than two years or pass a probation in a law organization within the time limits established by this Federal Law.
The record of service in the legal profession of persons whose higher legal education is their first higher professional education shall be calculated not earlier than from the moment of graduation from a respective educational institution.
2. Persons which shall have no right to purport to acquire the status of lawyer and to practise law are as follows:
1) these acknowledged to be incapable or restrictedly incapable in conformity with the procedure established by the legislation of the Russian Federation;
2) these having not cancelled or not expunged previous conviction for commission of deliberate crime.
3. The decision on acquisition of the status of lawyer shall be taken by the qualifications commission of the chamber of lawyers of subject of the Russian Federation (hereinafter referred to as the “qualifications commission”) after taking the qualifying examination by a person aspiring to acquire the status of lawyer (hereinafter also referred to as the “aspirant”).
4. The record of service in the legal profession required for acquisition of the status of lawyer shall be included the work:

1) in capacity of judge;

2) on public posts requiring higher legal education in federal bodies of the state authority, bodies of the state authority of subjects of the Russian Federation, other state bodies;

3) íon posts which required higher legal education in state bodies of the USSR, the RSFSR and the Russian Federation located on the territory of the Russian Federation and existed prior to adoption of the effective Constitution of the Russian Federation;

4) on posts requiring higher legal education in municipal bodies;

5) on posts requiring higher legal education in the bodies of the Court Department of the Supreme Court of the Russian Federation;

6) on posts requiring higher legal education in legal services of organizations;

7) on posts requiring higher legal education in scientific and research institutions;

8) in capacity of professor of legal subjects in institutions of secondary-level professional education, higher professional education and these of professional education after institution of higher education;

9) in capacity of lawyer;

10) in capacity of assistant lawyer;

11) in capacity of notary.


5. The lawyer shall have no right to practise law on the whole territory of the Russian Federation without any additional permit.
6. Foreign citizens and stateless persons which have acquired the status of lawyer in conformity with the procedure established by the Federal Law shall be permitted to practise law on the whole territory of the Russian Federation unless otherwise has been provided for by the federal law.


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Copyright Law bureau, 2007.
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