Bill on the “advocate monopoly” on court representation services

The Ministry of Justice has presented a bill proposing the gradual introduction of a “advocate monopoly” on court representation services in the Russian Federation.

It should be noted that, as a general rule, it is sufficient for a representative to have a degree in law. However, a degree is not required for all legal disputes. In particular, a degree is required to represent interests in criminal cases, civil cases in arbitration courts, courts of general jurisdiction at the level of courts of the constituent entities of the Russian Federation, and the Supreme Court of the Russian Federation. No degree is required for disputes before magistrates and district courts.

• According to the proposed reform, only advocates will be able to represent the interests of citizens and companies in court.
• An exception is proposed for full-time employees of companies (only when representing the interests of those companies) and for close relatives of citizens, but only in courts of first instance. In other cases, the participation of a representative without advocate status will only be possible with the permission of the court, in exceptional circumstances. For example, if it is impossible to find a advocate in a particular area.
• The legal monopoly will not be absolute; it is assumed that the following concessions will continue to apply: citizens will be able to represent their own interests, and arbitration managers, civil servants, patent attorneys, CEOs, etc. will not be required to have advocate status.
• A transition period is expected to be established until January 1, 2028, during which lawyers will need to obtain the status of an advocate.

Document:  https://regulation.gov.ru/Regulation/Npa/PublicView?npaID=158248#