Charter of the RFCLNew revision approved by the 3rd All-Russian Congress of Lawyers  1838
Chapter 2. CHAMBER’S LEGAL STATUS Chapter 3. PURPOSES OF CHAMBER’S ACTIVITY Chapter 4. PRINCIPLES OF MEMBERSHIP Chapter 5. CHAMBER’S STRUCTURE AND BODIES Chapter 6. AUDITING COMMITTEE, OTHER COMMITTEES Chapter 8. ACCOUNTING AND REPORTING, INFORMATION ONCHAMBER’S ACTIVITY Chapter 9. AMENDMENTS TO THE CHARTER Chapter 10. LIQUIDATION OF CHAMBER
Article 1. The Federal Chamber of Lawyers of the Russian Federation, hereinafter referred to as “the Chamber”, is an All-Russian nongovernmental and nonprofit organization, which consolidates the Chambers of the constituent entities of the Russian Federation on the basis of obligatory membership. Article 2. The Chamber acts in full conformity with the Constitution of the Russian Federation, the Russian Federal Law «On Lawyers Activity and Legal Profession in the Russian Federation», the Russian Federal Law «On Nonprofit Organizations» (in the parts thereof not contradictory to the Russian Federal Law «On Lawyers Activity and Legal Profession in the Russian Federation»), and the present Charter. Article 3. The Chamber is a nonprofit organization and does not pursue any commercial aims. Article 4. The Chamber is not authorized to carry out professional advocacy of any kind on its own behalf or to be engaged in any entrepreneurial activity. Article 5. The Chamber’s activity and that of its members are based on the principles of legality, publicity, self-administration, equality, and on the ideals of right and justice in the best traditions of the Russian legal profession. Article 6. The State or any of its bodies cannot be liable for obligations of the Chamber, just as the Chamber will not liable for obligations of the State or any of its bodies. Article 7. The Chamber is not included into the system of agencies of state power or local governments and administrations. Article 8. The Chamber cannot be liable for obligations of its members, just as its members cannot be liable for obligations of the Chamber, except in the cases stipulated by the acting legislation of the Russian Federation and by the present Charter. Article 9. The Chamber is created for an uncertain term. Article 10. The Chamber’s full official name is All-Russian Nongovernmental Nonprofit Organization «The Federal Chamber of Lawyers of the Russian Federation». The Chamber’s short official name is: «The Federal Chamber of Lawyers of the Russian Federation». The Chamber’s short name in Russian is: «Федеральная палата адвокатов Российской Федерации». Article 11. The Chamber’s address is 43, Sivtsev Vrazhek, 119002, Moscow, Russian Federation.
Chapter 2.
Article 12. The Chamber is a legal entity with its own budget and independent balance. The Chamber can open settlement and other accounts in Russian and foreign banks. It has its own logo and official round seal, as well as other rubber stamps and letterhead stationery bearing its name and address. Article 13. The Chamber acquires legal entity status from the date of its state registration pursuant to the Russian Federal Law «On State Registration of Legal Entities». Article 14. In order to pursue its chartered aims, the Chamber has the right to make domestic and international bargains on its own behalf, as well as to carry out other legal actions. It can exercise property and personal non-property rights, be liable for its obligations, and act as plaintiff or defendant in civil court. Article 15. The Chamber can own any detached property (such as buildings, constructions, housing facilities, personal transport, equipment, stock, financial assets, bonds and securities, as well as other movable or real estate) exercising its right, in full conformity with the applicable legislation, to possess, use and dispose of this property pursuant to the chartered purposes of its activity and the purposes of the said property. Article 16. The Chamber is liable for its obligations with all of its legal property. Article 17. The Chamber can directly enter into or establish relations with agencies of state power of the Russian Federation, with local governments and administrations, public associations and other organizations, as well as interact with officially established foreign and international organizations. Article 18. The Chamber participates in international professional and scientific exchange; it can organize and take part in international professional and scientific conferences, round tables and symposia. Article 19. The Chamber owns various mass communication media and can carry out publishing activities in the areas of professional interest for lawyers community.
Chapter 3.
Article 20. The Chamber is an organization authorized to represent the interests of lawyers, lawyers associations and the chambers of lawyers of the constituent entities of the Russian Federation in their relations with federal agencies of state power so as to help the former in solving any issues touching upon the interests of lawyers community, including those connected with the allocation of funds from the federal budget to pay the free lawyers, participating in the legal proceedings in the capacity of defence attorneys, assigned by the agencies of inquest and preliminary trial, or appointed by public prosecutor or by court. Purposes of the Chamber’s activity are:
Article 21. To pursue its chartered purposes, the Chamber will:
Article 22. The Chamber defines the grounds and procedure for reward and encouragement (e.g. order, medal, honorary mention, certificate of honour and other forms of professional distinction) for individual lawyers, lawyers’ associations and lawyers’ chambers of the constituent entities of the Russian Federation. The Chamber also petitions, pursuant to the procedure established by the respective legislation, for granting various state awards and the honorary title of «Distinguished Lawyer of the Russian Federation». The Chamber’s scope of authorized activities can be expanded by a decision of the All-Russian Congress of Lawyers within the limits allowed by the legislation of the Russian Federation.
Chapter 4.
Article 23. The Chamber membership is mandatory for the lawyers’ chambers of the constituent entities of the Russian Federation – nongovernmental and nonprofit organizations representing professional associations of lawyers – pursuant to the Russian Federal Law «On Lawyers Activity and Legal Profession in the Russian Federation». Article 24. Pursuant to the procedure stipulated by the present Charter, every lawyers’ chamber of the constituent entity of the Russian Federation, in the person of its authorized representative, has the right to:
Article 25. The lawyers’ chamber of the constituent entity of the Russian Federation is obliged to:
Article 26. The decisions of the Chamber and these of any of its bodies, taken within the scope of their legal authority, are obligatory for execution by all the lawyers’ chambers of the constituent entities of the Russian Federation, lawyers associations and individual lawyers.
Chapter 5.
Article 27. The Chamber has the following hierarchy of controls:
Article 28. The supreme body of the Chamber is the All-Russian Congress of Lawyers (hereinafter referred to as “the Congress”). The Congress is convened at least once in every two years. The Congress is considered competent if representatives of at least two thirds of the lawyers’ chambers of the constituent entities of the Russian Federation are participating in its work. The lawyers’ chambers of the constituent entities of the Russian Federation have equal rights and equal representation at the Congress. Each lawyers’ chamber irrespective of the number of its individual representatives has one vote. Article 29. The All-Russian Congress of Lawyers:
Article 30. The All-Russian Congress of Lawyers is convened by the Chamber’s Council pursuant to the lawyers’ chambers electoral quotient approved by the Chamber’s Council. The extraordinary All-Russian Congress of Lawyers is convened by the Chamber’s Council on its own initiative or on demand of at least one third of the lawyers’ chambers of the constituent entities of the Russian Federation. The request on convocation of the extraordinary All-Russian Congress of Lawyers is considered by the Chamber’s Council at its closest plenary meeting following the submission of such a request, but no later than 60 days from the date of such submission to the President of the Chamber. The Chamber’s Council should establish in its decision the time and place for convocation of the extraordinary Congress, and also the list of questions to be included in its agenda. The decision on convocation of the extraordinary Congress is taken by the Chamber’s Council based on the Chamber’s organizational and financial resources, but the convocation date cannot be more than 45 days from the date when such a decision was taken by the Chamber’s Council. Suggestions for the congressional agenda can be delivered to the President in a written form and no later than 15 days prior to the date of convocation established by the Chamber’s Council. Article 31. The Council is the Chamber’s collective executive body. The Chamber’s Council is elected by the All-Russian Congress of Lawyers using the mechanism of secret ballot, in the overall quantity not exceeding 30 persons, and is subject to biennial rotation of one third of its membership. At the next rotation term, the President of Chamber submits a list of the leaving members and that of the replacement candidates for consideration by the Chamber’s Council. After approval by the Chamber’s Council, the nominees presented by the President are submitted for approval by the Congress. In case if the Congress fails to approve such nominees, the President of Chamber introduces new nominees for the Congress’ approval, but only after these new nominees have been approved by the Chamber’s Council. Article 32. The Chamber’s Council:
- defines the procedure and terms of membership dues payable by the lawyers’ chambers for the maintenance of the Federal Chamber;
- approves the Regulations on the forms of representation of the Chamber’s Council in the federal districts;
Article 33. In case if the Chamber’s Council fails to observe the present Charter’s regulations, its authority can be terminated ahead of schedule at the extraordinary All-Russian Congress of Lawyers, as stipulated by Paragraph 4 of Article 37 of the Russian Federal Law «On Lawyers Activity and Legal Profession in the Russian Federation». Article 34. Plenary meetings of the Chamber’s Council are convened by the President of Chamber as required, but at least once in every three months. Such meeting is considered competent if at least two thirds of its members are present. Decision-making by the Chamber’s Council is, as a rule, effected through open vote by simple majority of its members, present at the meeting. If any decision receives the equal number of votes pro and contra, the President’s vote has the decisive priority. Article 35. The Chamber’s Council is not authorized to carry out professional advocacy on its own behalf or to be engaged in any entrepreneurial activity. Article 36. The President of Chamber is elected by the Chamber’s Council from its ranks for a period of four years. The President chairs the meetings of the Chamber’s Council. Article 37. The Chamber’s President elections are effected by the mechanism of secret ballot from one or several candidates nominated by the members of the Chamber’s Council. A candidate is considered elected if he/she gets the simple majority of the votes cast by the full members of the Chamber’s Council. In case if none of the candidates gest the simple majority of votes, the second round of elections is to be conducted at the same meeting of the Chamber’s Council. In the second round, the voting list shall consist of the two candidates who have received the largest number of votes in the first round. The presidential candidate who has received the simple majority of votes in the second round is considered elected. Same person cannot hold the presidential post for more than two successive terms. Article 38. The President of Chamber:
Article 39. The President and vice-presidents, as well as other members of the Chamber’s Council, can combine their work for the Chamber’s Council with professional advocacy, while getting compensated for their work for the Chamber’s Council at the rate defined by the latter. Article 40. The President of Chamber proceeds to execute his/her authorities from the moment of official announcement by the Chamber’s Council of the presidential election results and ceases such authorities at the moment of announcement of the next presidential election results. The President of Chamber can cease execution of his/her authorities before the completion of term in case of:
In case of pre-schedule termination of the presidential authorities, the Chamber’s Council, no later than 7 days from the date of such an event, notifies the lawyers’ chambers about this fact with the explanation of reasons thereof and, within 30 days, prepares and holds the new presidential elections pursuant to the procedure stipulated by the present Charter. In the period between the termination of presidential authorities and the new presidential elections, such authorities are exercised by one of the vice-presidents who is appointed for such role by a decision of the Chamber’s Council.
Chapter 6.
Article 41. For the purposes of exercising control over the Chamber’s Council financial and economic activity, and fulfilment of its decisions regulating the said activity in the Chamber, the Council, pursuant to the present Charter, elects the Auditing Committee from the ranks of attorneys included in the regional list-registers of lawyers. Members of the Auditing Committee can combine their work at the Auditing Committee with the professional advocacy, getting compensated for their Auditing Committee work at the rate defined by the Chamber’s Council. Article 42. The Auditing Committee audits the Chamber’s financial and economic activity in the end of each Fiscal Year. The Auditing Committee also has the right to conduct such audits at any time on its own initiative, pursuant to the Committee’s internal regulations, by a decision of the All-Russian Congress of Lawyers, those by the Chamber’s Council, and by the President of Chamber. While carrying out such audits, the Auditing Committee has the right to involve accountants from the territorial lawyers’ chambers, as well as other competent specialists deemed proper. On a request by the Auditing Committee, the head of staff and other workers of the Chamber are obliged to provide the chairperson of the Auditing Committee with the required documentation on the financial and economic activity of the Chamber. Based on the audit results, the Auditing Committee draws up a formal statement, which has to be signed by all members of the Committee and then presented at the disposal of the President and the Chamber’s Council. The Auditing Committee reports the results of its activity to the All-Russian Congress of Lawyers. Article 43. During realization by the Chamber of its chartered tasks and when it is necessary to single out a specific direction in the Chamber’s activity, the Chamber’s Council can choose to create ad hoc commissions, committees and working groups within the Chamber. The subject and direction of activity of such commissions, committees and working groups, their budgets, rights and responsibilities, as well as accountability of their members, are defined by a decision of the Chamber’s Council. Article 44. The property of Chamber consists of permanent, intangible, and cash assets in roubles and foreign currency, duly reflected on its balance sheet in the order established by the acting legislation, as well as securities and other movable and real estate. Article 45. The property of Chamber is formed from the membership dues payable by the lawyers’ chambers, grants and the charitable help (donations), received from legal and natural persons pursuant to the procedure established by the acting legislation of the Russian Federation, and from other legitimate sources. The Chamber is considered to be the legal owner of the said property. Article 46. The membership dues payable monthly by the lawyers’ chambers of the constituent entities of the Russian Federation for the general maintenance needs of the Chamber constitute the basic source of the Chamber’s property and are considered as such. The lawyers chambers of the constituent entities of the Russian Federation are to pay membership dues at the rate, established by a decision of the All-Russian Congress of Lawyers, pursuant to the procedure and schedule defined by the Chamber’s Council, which also determines the order of indexation of the sums payable depending on the term of respective payment. Payment of such dues via set-off mechanism can be effected only by a decision of the Chamber’s Council. The lawyers chambers of the constituent entities of the Russian Federation, failing to execute or improperly executing their duties, as requested by the Part 2 of the present Article, bear subsidiary liability in addition to the Chamber’s liability at the rate of their outstanding membership dues, in case if claims of the Chamber’s creditors have occurred during realization by the Chamber of its chartered tasks, as well as of the decisions of the All-Russian Congress of Lawyers and those of the Chamber’s Council. The Chamber’s Council has the right to convene an extraordinary meeting (conference) of lawyers, if any lawyers’ chamber fails to pay its membership dues for the general maintenance needs of the Federal Chamber for a period of more than six months, such meeting is to take the decision to terminate the authorities of the culpable chamber’s council of the constituent entity of the Russian Federation ahead of schedule. Article 47. The Chamber’s property, including its cash assets, is placed at the direct disposal of the President of Chamber by a decision of the Chamber’s Council and within the budgetary and other limits, except for the cases stipulated by decisions of the All-Russian Congress of Lawyers and/or by those of the Chamber’s Council. Alienation or encumbrance of real estate and other property, legally belonging to the Chamber and having the book value over the 1000-fold of the minimum monthly wage, can be done only by a decision of the Chamber’s Council. Article 48. The Chamber’s general maintenance expenses include renumeration of the lawyers working at the various control bodies of the Chamber, compensation of expenses related to the execution of their professional duties in the above capacity, wages and salaries of the Chamber’s staffers, supplies and utilities for the Chamber’s day-to-day functioning and other costs provided by the Chamber’s budgetary estimate. Article 49. The taxation of the Chamber is carried out in full conformity with the acting legislation of the Russian Federation.
Chapter 8.
Article 50. The Chamber performs its bookkeeping and provides required financial reporting in full conformity with the acting legislation of the Russian Federation. Article 51. The Chamber provides any information about itself pursuant to the requirements stipulated by the acting legislation of the Russian Federation and by the present Charter. The Chamber grants its members access to the following documents (except for the sensible accounting data):
Chapter 9.
Article 52. The Charter of Federal Chamber of Lawyers of the Russian Federation can be modified or expanded by a decision of the All-Russian Congress of Lawyers. Such decision can be taken with a voting quorum of at least 2/3 of the elected delegates and by the simple voting majority of those present at the Congress.
CHAPTER 10.
Article 53. The Chamber is not subject to any reorganization. Liquidation of the Chamber can be effected only in conformity with the Russian Federal Law. Article 54. In case of the Chamber’s liquidation, its legal property, on precondition of full satisfaction of any outstanding creditors’ claims and if not stipulated otherwise by the Russian Federal Law, goes for the chartered and/or charitable purposes. Article 55. The present Charter becomes effective from the moment of its state registration pursuant to the procedure stipulated by the acting legislation of the Russian Federation. |
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