According to the paragraph 5, Article 2 of the Federal Law "On advocate’s activity and the legal profession in the Russian Federation", lawyers from foreign jurisdictions can provide legal assistance within the Russian Federation in the context of legislation of the foreign jurisdiction.
The procedure is carried out by the central office of the Ministry of Justice of the Russian Federation in accordance with the Administrative Regulations for the provision of the state service for maintaining the register of foreign lawyers practicing law in Russia by the Ministry of Justice, approved by order of the Ministry of Justice dated July 31, 2012, No. 151 (hereinafter - Administrative Regulations).
The Ministry of Justice of the Russian Federation (hereinafter - MOJ) carries out entry on the register and processing of a certificate of registration within 3 months from the date of receiving of the following documents:
· an application for entry on the register in the form approved by Appendix No. 2 to the Administrative Regulations;
· a questionnaire in the form approved by Appendix No. 3 to the Administrative Regulations;
· a copy of the applicant’s identity document;
· a copy of a document confirming the active status of a foreign lawyer;
· a copy of the document confirming the legality of stay on the territory of the Russian Federation (if the applicant fails to submit it, the Ministry of Justice of Russia requests it from the Federal Migration Service of the Russian Federation using a unified system of interdepartmental information interaction);
· 2 photos.
If the documents submitted by the applicant comply with the list and requirements established by the Administrative Regulations, the MOJ sends requests to verify the authenticity of the documents submitted by the applicant to the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation, and, if necessary, similar requests are sent to other law enforcement and state bodies.
For further details about the MOJ approval procedure, please visit the MOJ's website regarding the foreign lawyer approval process.
Typical mistakes made by foreign lawyers when submitting documents
1. Non-compliance with the requirements for the form and content of the application and the questionnaire established by paragraphs 25 and 26 of the Administrative Regulations (see below*).
2. Failure to submit all documents required for entry on the register. The list of the documents is established by paragraph 24 of the Administrative Regulations.
3. Submitting copy of the identity document without Russian translation and notarization in accordance with the requirements of paragraph 27 of the Administrative Regulations.
4. Failure to comply with the requirement to legalize a document confirming the status of a lawyer of a foreign state, unless otherwise provided by international treaties of the Russian Federation, as well as the requirements for its translation and notarization in accordance with paragraph 28 of the Administrative Regulations.
This application can be handwritten, typewritten or printed using electronic printing devices.
Such application shall indicate:
1) the name of the body to which the application is submitted;
2) last name, first name, patronymic (if available) of the applicant;
3) the name of the state in which the status of a lawyer has been acquired;
4) the address of the permanent place of residence of the applicant, telephone;
5) address of the applicant's place of residence in the Russian Federation, phone number, e-mail address (if available);
6) consent to the processing of personal data.
The applicant puts a personal signature and date on the application for being put in the register.
26. The questionnaire is submitted in Russian in the original copy.
The questionnaire can be completed by hand, typewritten or printed .
The questionnaire indicates:
1) First name, last name, patronymic (if available) of the applicant, his gender, day, month, year and place of birth;
2) Information about higher legal education (when and which educational institutions did he/she graduate from, number of the diploma, degree and specialization);
3) Name of the state whose competent authority issued a document confirming the lawyer’s status;
4) Details of the document confirming the status of a lawyer in a foreign state (name of the document, its number, date of issue and name of the issuer);
5) address of the permanent place of residence of the applicant, telephone;
6) Address of the applicant's place of residence in the Russian Federation, phone number, e-mail address (if available);
7) Details of the identity document of the applicant (name and number of the document, date and place of issue).
The applicant shall put a personal signature and date on the application form.