Legal education should be obligatory for lawyers in civil cases – Supreme Court
MOSCOW October 3 (RAPSI) – The Supreme Court of Russia will forward a bill to the State Duma introducing amendments to the Civil and Commercial Procedure Codes by making legal education obligatory for people representing interests of parties in court proceedings, a decree of the court’s plenum reads on Tuesday.
According to the bill, lawyers as well as persons providing legal assistance will require specialized education to represent parties in civil cases. At the same time, this condition will not be required for legal representatives of citizens, such as relatives and legal guardians.
Authors of the bill also propose to create a new category of a participant – a mandator, who will be able to represent a party. This person will be able to provide a court with explanations, receive notifications, subpoenas and other documents and will not be required to have legal education.
One of other changes introduced by the bill is concerned with notion of jurisdiction regarding delimitation of powers of general jurisdiction courts and arbitration ones. The bill reads that if a case is filed with an incorrect type of court, proceedings are to be made in an appropriate one. Also, if an incorrect type of court launches a case not falling under its jurisdiction, the case is transferred to another court. Currently, in both listed situations proceedings are just cancelled.