RUS/FCLA(2015)1

Original: Russian

Translation ensured by

the Council of Europe

 

Moscow, 15 May 2015

 

 

 

 

 

 

 

 

 

 

PROJECT ON FREE CIVIL LEGAL AID AND ASSISTANCE FOR

 

VULNERABLE GROUPS IN THE RUSSIAN FEDERATION

 

(RUS/FCLA)

 

 

 

 

 

RUSSIAN FEDERATION FEDERAL LAW

OF 21 NOVEMBER 2011 NO. 324-FZ

(AMENDED)

ON FREE LEGAL AID IN THE RUSSIAN FEDERATION

 

 

 

 


Contents

Chapter 1. GENERAL PROVISIONS

Article 1. Scope and purposes of this Federal Law

Article 3. Legal regulation of relations associated with the provision of free legal aid

Article 4. Public policy in matters concerning the provision of free legal aid to citizens

Article 5. Basic principles of free legal aid

Article 6. Types of free legal aid

Article 7. Entities providing free legal aid

Article 8. Qualification requirements for individuals providing free legal aid

Chapter 2. POWERS OF THE FEDERAL EXECUTIVE AUTHORITIES, GOVERNMENT AUTHORITIES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT AUTHORITIES IN MATTERS CONCERNING THE PROVISION OF FREE LEGAL AID TO CITIZENS

Article 9. Powers of the President of the Russian Federation in matters concerning the provision of free legal aid to citizens

Article 10. Powers of the Government of the Russian Federation in matters concerning the provision of free legal aid to citizens

Article 11. Powers of the authorised federal executive authority

Article 12. Powers of the government authorities of the constituent entities of the Russian Federation in matters concerning the provision of free legal advice to citizens

Article 13. Powers of the prosecution authorities of the Russian Federation in matters concerning the provision of free legal aid to citizens

Article 14. Powers of local government authorities in matters concerning the provision of free legal aid to citizens

Chapter 3. STATE SYSTEM OF FREE LEGAL AID

Article 15. Members of the state system of free legal aid

Article 16. Provision of free legal aid by the federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions and the management bodies of public extra-budgetary funds

Article 17. Provision of free legal aid by governmental legal bureaux

Article 18. Provision of free legal aid by lawyers

Article 20. Categories of citizens entitled to receive free legal aid as part of the state system of free legal aid and cases when such aid is provided

Article 21. Provision of free legal aid as part of the state system of free legal aid

Chapter 4. NON-STATE SYSTEM OF FREE LEGAL AID

Article 22. Members of the non-state system of free legal aid

Article 23. Provision of free legal aid by legal clinics

Article 24. Non-governmental centres of free legal aid

Article 25. List of non-governmental centres of free legal aid

Article 26. Interaction between the authorised federal executive authority and members of the non-state system of free legal aid

Article 27. State and municipal support of non-profit organisations that are members of the non-state system of free legal aid

Chapter 5. INFORMATIONAL SUPPORT OF ACTIVITIES FOR THE PROVISION OF FREE LEGAL AID TO CITIZENS

Article 28. Legal awareness and legal education of the public

Chapter 6. FUNDING FOR STATE GUARANTEES OF CITIZENS’ RIGHTS TO RECEIVE FREE LEGAL AID

Article 29. Funding of measures associated with the provision of free legal aid in the Russian Federation

Chapter 7. FINAL PROVISIONS

Article 30. Final provisions

Article 31. Entry into force of this Federal Law

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For further information please contact:

 

Legal Co-operation Division

Justice and Legal Co-operation Department

Directorate General Human Rights and Rule of Law (DGI)

Tel:

+33 (0)3 90 21 43 66

Fax:

+33 (0)3 90 21 56 63

Project website:

Free Civil Legal Aid and Assistance for Vulnerable Groups in the Russian Federation

 


RUSSIAN FEDERATION

 

FEDERAL LAW

 

ON FREE LEGAL AID IN THE RUSSIAN FEDERATION

 

Signed by the President

on 21 November 2011

 

Adopted by the

State Duma

on 2 November 2011

 

Approved by the

Federation Council

on 9 November 2011

 

List of amending documents

(as revised by Federal Laws of 2 July 2013 No. 167-FZ,

2 July 2013 No. 185-FZ, 28 December 2013 No. 397-FZ,

21 July 2014 No. 216-FZ and 21 July 2014 No. 271-FZ)

 

Chapter 1. GENERAL PROVISIONS

 

Article 1. Scope and purposes of this Federal Law

 

  1. This Federal Law establishes the basic guarantees for citizens of the Russian Federation (hereinafter citizens) to exercise the right to receive free qualified legal aid in the Russian Federation, the procedural and institutional framework for the formation of state and non-state systems of free legal aid and the procedural and institutional framework for activities involving the legal awareness and legal education of the public.
  2. The purposes of this Federal Law are:
  1. to create conditions for citizens to exercise the right established by the Constitution of the Russian Federation to receive qualified legal aid free of charge in cases specified by this Federal Law and other federal laws and laws of the constituent entities of the Russian Federation (hereinafter free legal aid);
  2. to establish and develop a state system of free legal aid as well as to promote the development of a non-state system of free legal aid and its support by the government;
  3. to create the conditions for citizens to exercise rights and freedoms, protect their legal interests, improve their level of social protection and also to ensure their access to justice.

 

Article 2. Right to receive free legal aid

  1. Citizens shall have the right to receive free legal aid in cases and in the manner prescribed by this Federal Law and other federal laws and laws of the constituent entities of the Russian Federation.
  2. Free legal aid to foreign citizens and stateless persons shall be provided in cases and in the manner prescribed by the federal laws and international treaties of the Russian Federation.


Article 3. Legal regulation of relations associated with the provision of free legal aid

 

  1. Relations associated with the provision of free legal aid in the Russian Federation within the framework of state and non-state systems of free legal aid as well as procedural and legal support for citizens to exercise the right to receive free legal aid in accordance with the Constitution of the Russian Federation shall be governed by this Federal Law, other federal laws and other regulatory legal acts of the constituent entities of the Russian Federation.
  2. Relations associated with the provision of free legal aid in criminal proceedings shall be governed by criminal procedural legislation.
  3. Federal laws may establish the cases and procedure for providing free legal aid in administrative proceedings as well as in other cases.
  4. The laws and other regulatory acts of the constituent entities of the Russian Federation may establish additional guarantees for citizens to exercise the right to receive free legal aid.

 

Article 4. Public policy in matters concerning the provision of free legal aid to citizens

 

  1. Public policy in matters concerning the provision of free legal aid to citizens shall be the combination of procedural, institutional, socioeconomic, information and other measures taken to guarantee the rights of citizens to receive free legal aid.
  2. The main areas of public policy in matters concerning the provision of free legal aid to citizens shall be determined by the President of the Russian Federation.
  3. Public policy in matters concerning the provision of free legal aid to citizens shall be implemented by the federal executive authorities, the government authorities of the constituent entities of the Russian Federation, local government authorities as well as by the individuals and legal entities that provide free legal aid specified by this Federal Law and other federal laws.

 

Article 5. Basic principles of free legal aid

 

The provision of free legal aid shall be based on the following principles:

  1. ensuring the exercise and protection of the rights, freedoms and legitimate interests of citizens;
  2. social justice and social orientation when providing free legal aid;
  3. the availability of free legal aid for citizens in cases specified by the legislation of the Russian Federation;
  4. monitoring of compliance by individuals providing free legal aid with the standards of professional ethics and requirements for the quality of free legal aid;
  5. the establishment of requirements for the professional qualification of individuals providing free legal aid;
  6. the free choice by a citizen of the state or non-state system for free legal aid;
  7. objectivity and impartiality when providing free legal aid as well as its provision in a timely manner;
  8. equal access for citizens to receive free legal aid and non-discrimination against citizens when providing such aid;
  9. ensuring confidentiality when providing free legal aid.

 

Article 6. Types of free legal aid

 

  1. Free legal aid shall be provided in the form of:
  1. legal advice in verbal or written form;
  2. the compilation of statements, complaints, petitions and other documents of a legal nature;
  3. representation of a citizen’s interests in court as well as the government and municipal authorities and organisations in the cases and in the manner prescribed by this Federal Law and other federal laws and laws of the constituent entities of the Russian Federation.
  1. Free legal aid may be provided in other forms not prohibited by the legislation of the Russian Federation.

 

Article 7. Entities providing free legal aid

 

Free legal aid shall be provided by:

  1. individuals and legal entities that are members of the state system of free legal aid in accordance with this Federal Law;
  2. individuals and legal entities that are members of the  non-state system of free legal aid in accordance with this Federal Law;
  3. other individuals having the right to provide free legal aid in accordance with federal laws, the laws of the constituent entities of the Russian Federation and municipal legal acts.

 

Article 8. Qualification requirements for individuals providing free legal aid

 

  1. Individuals having a higher legal education may provide all types of free legal aid specified by Article 6 of this Federal Law unless otherwise specified by federal laws.
  2. Federal laws may establish additional qualification requirements for individuals providing free legal aid in the form of representing citizens’ interests in court as well as the government and municipal authorities and organisations.

 

Chapter 2. POWERS OF THE FEDERAL EXECUTIVE AUTHORITIES, GOVERNMENT AUTHORITIES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT AUTHORITIES IN MATTERS CONCERNING THE PROVISION OF FREE LEGAL AID TO CITIZENS

 

Article 9. Powers of the President of the Russian Federation in matters concerning the provision of free legal aid to citizens

 

The powers of the President of the Russian Federation shall include:

  1. determining the main areas of public policy in matters concerning the provision of free legal aid to citizens, including the development of state and non-state systems of free legal aid;
  2. determining the federal executive authority that is authorised in matters concerning the provision of free legal aid to citizens (hereinafter the authorised federal executive authority) and its competence;
  3. exercising other powers in matters concerning the provision of free legal aid to citizens as well as the operation and development of state and non-state systems of free legal aid.

 

Article 10. Powers of the Government of the Russian Federation in matters concerning the provision of free legal aid to citizens

 

The powers of the Government of the Russian Federation shall include:

  1. involvement in determining the main areas of public policy in matters concerning the provision of free legal aid to citizens;
  2. taking measures to ensure the operation and development of state and non-state systems of free legal aid;
  3. determining the competence of federal executive authorities in matters concerning the provision of free legal aid to citizens and the powers of their officials;
  4. ensuring interaction between the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation in matters concerning the provision of free legal aid to citizens;
  5. determining the amount of federal budget allocations required to ensure state guarantees of citizens’ rights to receive free legal aid as well as ensuring funding for these expenditures in accordance with the budget legislation of the Russian Federation;
  6. exercising other powers specified by federal laws and the regulatory legal acts of the President of the Russian Federation in matters concerning the provision of free legal aid to citizens as well as the operation and development of state and non-state systems of free legal aid.

 

Article 11. Powers of the authorised federal executive authority

 

The powers of the authorised federal executive authority shall include:

  1. developing proposals on the establishment and implementation of public policy in matters concerning the provision of free legal aid to citizens, the operation and development of a state system of free legal aid as well as the legal awareness and legal education of the public;
  2. involvement in the development of draft regulatory acts of the President of the Russian Federation and the Government of the Russian Federation concerning the operation and development of state and non-state systems of free legal aid;
  3. taking measures to ensure the operation and development of the state system of free legal aid and the coordination of the activities of participants of this system and their interaction;
  4. methodological support for the activities of the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the management bodies of public extra-budgetary funds, local government authorities as well as governmental legal bureaux and non-governmental free legal aid centres for the provision of free legal aid to citizens and the legal education of the public;
  5. monitoring of activities of the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the management bodies of public extra-budgetary funds, local government authorities, governmental legal bureaux, the bar associations of the constituent entities of the Russian Federation and non-governmental free legal aid centres for the provision of free legal aid to citizens and the legal education of the public;
  6. the annual preparation and publication in the media of a report on the implementation of public policy in matters concerning the provision of free legal aid to citizens, the status and development of the state system of free legal aid, the evaluation of the effectiveness of the operation of the state and non-state systems of free legal aid and the use of the relevant budget allocations;
  7. the development and establishment of unified requirements for the quality of the free legal service to citizens as well as monitoring compliance by individuals providing free legal aid with the standards of professional ethics and requirements for the quality of free legal aid;
  8. the exercising of other powers established by this Federal Law and other federal laws in matters concerning the provision of free legal aid to citizens, the operation and development of state and non-state systems of free legal aid as well as the legal awareness and legal education of the public.

 

Article 12. Powers of the government authorities of the constituent entities of the Russian Federation in matters concerning the provision of free legal advice to citizens

 

  1. The powers of the government authorities of the constituent entities of the Russian Federation include:
  1. implementing the public policy in matters concerning the provision of free legal advice to citizens in the constituent entities of the Russian Federation;
  2. publishing laws and other regulatory legal acts of the constituent entities of the Russian Federation that establish additional guarantees for citizens to exercise the right to receive free legal aid, including expanding the list of categories of citizens having the right to receive such aid and the list of cases when free legal aid is provided, determining the decision-making procedure for the provision of free legal aid to citizens in hardship in emergency situations and ensuring their enforcement;
  3. determining the executive authority of a constituent entity of the Russian Federation that is authorised in matters concerning the provision of free legal advice to citizens (hereinafter the authorised executive authority of the constituent entity of the Russian Federation) and the competence of this authority;
  4. determining the executive authorities of a constituent entity of the Russian Federation as well as their subordinate institutions and other organisations that are part of the state system of free legal aid on the territory of the constituent entity of the Russian Federation and establishing their competence, including resolving matters concerning the establishment and support of the activities of governmental legal bureaux;
  5. determining the manner of interaction by members of the state system of free legal aid on the territory of the constituent entity of the Russian Federation within the powers prescribed by this Federal Law;
  6. determining the remuneration amount and procedure for lawyers and other entities providing free legal aid to citizens as part of the state system of free legal aid and compensating their expenditures on the provision of free legal aid;
  7. promoting and supporting the development of a non-state system of free legal aid within their powers.
  1. The laws of the constituent entities of the Russian Federation and local government authorities may delegate individual government powers in matters concerning the guarantees of citizens’ rights to receive free legal aid.

 

Article 13. Powers of the prosecution authorities of the Russian Federation in matters concerning the provision of free legal aid to citizens

 

The prosecution authorities of the Russian Federation shall oversee the enforcement of laws in matters concerning the provision of free legal aid to citizens within the powers specified by the Federal Law “On the Prosecution Service of the Russian Federation” and may appeal file applications in court for the protection of the rights, freedoms and legitimate interests of citizens in cases and in the manner prescribed by the legislation of the Russian Federation.

 

Article 14. Powers of local government authorities in matters concerning the provision of free legal aid to citizens

 

  1. Local government authorities shall exercise individual government powers in matters concerning the provision of free legal aid to citizens if they are granted such powers under federal laws and the laws of the constituent entities of the Russian Federation, promote the development of a non-state system of free legal aid and ensure it is supported within the powers specified by this Federal Law and other federal laws and laws of the constituent entities of the Russian Federation.
  2. Local government authorities may publish municipal legal acts that establish additional guarantees for citizens to exercise the right to receive free legal aid, take part in the establishment of municipal legal bureaux and provide citizens with all types of free legal aid specified by Article 6 of this Federal Law.

 

Chapter 3. STATE SYSTEM OF FREE LEGAL AID

 

Article 15. Members of the state system of free legal aid

 

  1. Members of the state system of free legal aid are:
  1. the federal executive authorities and their subordinate institutions;
  2. the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions;
  3. the management bodies of public extra-budgetary funds;
  4. governmental legal bureaux.
  1. Lawyers, notaries and other entities that provide free legal aid may be granted the right to take part in the state system of free legal aid in the manner prescribed by this Federal Law, other federal laws and the laws of the constituent entities of the Russian Federation.

 

Article 16. Provision of free legal aid by the federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions and the management bodies of public extra-budgetary funds

 

  1. The federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions and the management bodies of public extra-budgetary funds shall provide citizens with free legal aid in the form of legal advice in verbal and written form on matters falling within their competence in the manner prescribed by the legislation of the Russian Federation for the consideration of appeals by citizens.
  2. The federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions and the management bodies of public extra-budgetary funds shall provide free legal aid to citizens in need of social support and social protection by compiling statements, complaints, petitions and other documents of a legal nature and representing a citizen’s interests in court as well as the government and municipal authorities and organisations in the cases and in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation and the laws of the constituent entities of the Russian Federation.

 

Article 17. Provision of free legal aid by governmental legal bureaux

 

  1. In order to ensure the operation of the state system of free legal aid and also provide citizens with free legal aid in accordance with the laws of the constituent entities of the Russian Federation, governmental legal bureaux may be established and/or lawyers may be hired to take part in the state system of free legal aid.
  2. Governmental legal bureaux may also hire lawyers for the provision of free legal aid and/or entities that provide free legal aid when performing their activities taking into account the agreements specified in section 5, Article 18 of this Federal Law.
  3. Governmental legal bureaux shall provide all the types of free legal aid specified in Article 6 of this Federal Law.
  4. Governmental legal bureaux shall be legal entities established in the form of state public institutions of the constituent entities of the Russian Federation.
  5. The procedure for the establishment and activities of governmental legal bureaux shall be set forth by this Federal Law, other federal laws as well as the laws or other regulatory legal acts of the constituent entities of the Russian Federation.

 

Article 18. Provision of free legal aid by lawyers

 

  1. Lawyers shall take part in the operation of the state system of free legal aid by providing citizens with free legal aid in cases specified by this Federal Law and other federal laws.
  2. When providing free legal aid to citizens, lawyers shall be guided by this Federal Law and Federal Law of 31 May 2002 No. 63-FZ “On Lawyers’ Activities and Advocacy in the Russian Federation”.
  3. The bar association of a constituent entity of the Russian Federation shall arrange for the participation of lawyers in the activities of the state system of free legal aid in a constituent entity of the Russian Federation.
  4. The bar association of a constituent entity of the Russian Federation shall send the authorised executive authority of the constituent entity of the Russian Federation a list of lawyers taking part in the activities of the state system of free legal aid each year no later than 15 November with the registration numbers of the lawyers in the register of lawyers of the constituent entity of the Russian Federation as well as the legal practices in which the lawyers perform their professional activities. The authorised executive authority of the constituent entity of the Russian Federation shall publish a list of lawyers who provide citizens with free legal aid in the media and post this list on its official website on the Internet information and telecommunications network (hereinafter the Internet) each year no later than 31 December.
  5. The authorised executive authority of the constituent entity of the Russian Federation shall conclude an agreement with the bar association of the constituent entity of the Russian Federation each year no later than 1 December on the provision of free legal aid by lawyers who are members of the state system of free legal aid. The form of this agreement shall be approved by the authorised federal executive authority.
  6. Lawyers who are members of the state system of free legal aid shall provide citizens with free legal aid on the basis of the agreement concluded in accordance with Article 25 of Federal Law of 31 May 2002 No. 63-FZ “On Lawyers’ Activities and Advocacy in the Russian Federation”.
  7. Lawyers shall send a report on the free legal aid they provided as part of the state system of free legal aid to the bar association of the constituent entity of the Russian Federation. The form of the report and the time-limits for its submission shall be approved by the authorised federal executive authority.
  8. The bar association of the constituent entity of the Russian Federation shall send the authorised executive authority of the constituent entity of the Russian Federation an annual presentation and summary report about the provision of free legal aid by lawyers as part of the state system of free legal aid in the manner prescribed by the regulatory legal acts of the constituent entity of the Russian Federation. The form of the summary report shall be approved by the authorised federal executive authority.
  9. Complaints by citizens against the actions (including inaction) of lawyers when the latter provide free legal aid shall be considered in accordance with Federal Law of 31 May 2002 No. 63-FZ “On Lawyers’ Activities and Advocacy in the Russian Federation”.
  10. The amount and procedure for the remuneration of lawyers/ who provide citizens with free legal aid as part of the state system of free legal aid and compensation for their expenditures on the provision of such aid shall be determined by the laws and other regulatory acts of the constituent entities of the Russian Federation.


Article 19. Provision of free legal aid by notaries

Notaries shall provide free legal aid within the state system of free legal aid to citizens who request notarisation based on their powers by consulting on notarisation issues in the manner prescribed by the legislation of the Russian Federation on notaries.

 

Article 20. Categories of citizens entitled to receive free legal aid as part of the state system of free legal aid and cases when such aid is provided

 

  1. The following categories of citizens shall have the right to receive all types of free legal aid specified by Article 6 of this Federal Law as part of the state system of free legal aid:
  1. citizens whose average family income is below the minimum subsistence level established in the constituent entity of the Russian Federation in accordance with the legislation of the Russian Federation or citizens living alone whose income is below the minimum subsistence level (hereinafter low-income citizens);
  2. Group I and II disabled persons;
  3. Veterans of the Great Patriotic War, Heroes of the Russian Federation, Heroes of the Soviet Union, Heroes of Socialist Labour and Heroes of Labour of the Russian Federation

(as revised by Federal Law of 28 December 2013 No. 397-FZ);

  1. disabled children, orphans, children without parental care, individuals from among orphans and children without parental care as well as their legal guardians and representatives if they apply for free legal aid on matters concerning the safeguarding and protection of the rights and legitimate interests of such children

(as revised by Federal Law of 2 July 2013 No. 167-FZ);

  1.          individuals wishing to foster a child without parental care in a family if they apply for free legal aid on matters concerning the fostering of a child in a family

(subsection 4.1 introduced by Federal Law of 2 July 2013 No. 167-FZ);

  1.          adoptive parents if they apply for free legal aid on matters concerning the safeguarding and protection of the rights and legitimate interests of adopted children

(subsection 4.2 introduced by Federal Law of 2 July 2013 No. 167-FZ);

  1. citizens entitled to free legal aid in accordance with Federal Law of 2 August 1995 No. 122-FZ “On Social Services for the Elderly and Disabled Citizens”.
  2. minors who are held at institutions of the system for the prevention of juvenile neglect and delinquency and minors who are serving sentences in detention facilities as well as their legal guardians and representatives if they apply for free legal aid on matters concerning the safeguarding and protection of the rights and legitimate interests of such minors (except matters related to the provision of legal aid in criminal proceedings);
  3. citizens entitled to free legal aid in accordance with the Law of the Russian Federation of 2 July 1992 No. 3185-1 “On Psychiatric Care and Guarantees of Citizens’ Rights During Its Provision”;
  4. citizens who have been declared legally incompetent by a court as well as their legal representatives if they apply for free legal aid on matters concerning the safeguarding and protection of the rights and legitimate interests of such citizens;
  1.          citizens who are victims of an emergency:
  1. a husband (or wife) who was in a registered marriage with the victim (deceased­) as of the date of the fatality (death) as a result of an emergency;
  2. children of the victim (deceased) as a result of an emergency;
  3. parents of the victim (deceased) as a result of an emergency;
  4. individuals who were fully dependent on the victim (deceased) as a result of an emergency or who received aid from the victim (deceased) that was a constant and main source of livelihood as well as other individuals who are recognised as dependents in the manner prescribed by the legislation of the Russian Federation;
  5. citizens whose health is damaged as a result of an emergency;
  6. citizens who have lost housing accommodations or other property or documents in full or in part as a result of an emergency

(subsection 8.1 introduced by Federal Law of 21 July 2014 No. 271-FZ);

  1. citizens whose right to receive free legal aid as part of the state system of free legal aid was granted in accordance with other federal laws and the laws of the constituent entities of the Russian Federation.
  1. Governmental legal bureaux and lawyers who are members of the state system of free legal aid shall provide legal advice in verbal and written form to citizens who are entitled to receive free legal aid as part of the state system of free legal aid and prepare statements, complaints, petitions and other documents of a legal nature in the following cases:
  1. the conclusion, modification, cancellation or invalidation of transactions with immoveable property and the state registration of rights to immoveable property and transactions with such property (in the event that an apartment, residential home or part thereof is the sole housing accommodation for a citizen and his/her family);
  2. the recognition of a right to housing accommodation, the provision of housing accommodation under a municipal housing agreement or an agreement on specialised housing accommodation designed to accommodate orphans, children without parental care and individuals from among orphans and children without parental care, the cancellation and termination of a municipal housing agreement, eviction from housing accommodation (in the event that an apartment, residential home or part thereof is the sole housing accommodation for a citizen and his/her family), the cancellation and termination an agreement on specialised housing accommodation designed to accommodate orphans, children without parental care and individuals from among orphans and children without parental care and eviction from such housing accommodation

(as revised by Federal Law of 2 July 2013 No. 167-FZ);

  1. the recognition and reservation of an ownership right to a land plot, the right to permanent (perpetual) use as well as the right to lifetime ownership with hereditary succession of a land plot (in the event that a residential home or part thereof that is the sole housing accommodation for a citizen and his/her family is located on the disputed land plot or part thereof);
  2. consumer protection (with respect to the provision of public utility services);
  3. the refusal of an employer to conclude an employment contract and thereby violating the guarantees established by the Labour Code of the Russian Federation, reinstatement to work, recovery of wages, including for the period of forced absence, and compensation for moral damages caused by the illegal actions (including inaction) of the employer;
  4. the recognition of a citizen as unemployed and the establishment of unemployment benefits;
  5. reimbursement for harm caused by the death, severe injury or other impairment of a breadwinner associated with employment or an emergency

(as revised by Federal Law of 21 July 2014 No. 271-FZ);

  1. the provision of social support measures, the provision of public social aid to low-income citizens and the provision of subsidies to pay for housing accommodation and public utility services;
  2. the assignment, recalculation and collection of insurance pensions for old age, pensions for disability and in the event of the loss of a breadwinner, benefits for temporary disability, maternity and unemployment due to severe work-related injury or occupational disease, lump-sum allowance for the birth of a child, monthly benefits for childcare and social benefits for burial

(as revised by Federal Law of 21 July 2014 No. 216-FZ);

  1. the establishment and challenging of paternity (or maternity) and the collection of alimony;
  1.     the establishment of adoption, custody or guardianship of orphans and children without parental care and the conclusion of an agreement on the custody or guardianship of such children

(subsection 10.1 introduced by Federal Law of 2 July 2013 No. 167-FZ);

  1.     the protection of the rights and legitimate interests of orphans, children without parental care, individuals from among orphans and children without parental care

(subsection 10.2 introduced by Federal Law of 2 July 2013 No. 167-FZ);

  1. the rehabilitation of citizens who were victims of political repressions;
  2. legal incapacity;
  3. an appeal of violations of citizens’ rights and freedoms when providing mental health care;
  4. the medical and social assessment and rehabilitation of disabled persons;
  5. the extra-judicial appeal of acts by government authorities, local government authorities and officials;
  6. the restoration of property rights and moral rights violated as a result of an emergency and the reimbursement of damage caused as a result of an emergency

(subsection 16 introduced by Federal Law of 21 July 2014 No. 271-FZ).

  1. Governmental legal bureaux and lawyers who are members of the state system of free legal aid shall represent the interests of citizens who are entitled to receive free legal aid as part of the state system of free legal aid in court as well as the government and municipal authorities and organisations if they are:
  1. claimants and defendants when courts consider cases about:
  1. the cancellation or invalidation of transactions with immoveable property, the state registration of rights to immoveable property and transactions and on the denial of state registration for such rights (in the event that an apartment, residential home or part thereof is the sole housing accommodation for a citizen and his/her family);
  2. the recognition of a right to housing accommodation, the provision of housing accommodation under a municipal housing agreement or an agreement on specialised housing accommodation designed to accommodate orphans, children without parental care, including foster children, and individuals from among orphans and children without parental care, the cancellation and termination of a municipal housing agreement, eviction from housing accommodation (in the event that an apartment, residential home or part thereof is the sole housing accommodation for a citizen and his/her family), the cancellation and termination of an agreement on specialised housing accommodation designed to accommodate orphans, children without parental care and individuals from among orphans and children without parental care and eviction from such housing accommodation

(as revised by Federal Law of 2 July 2013 No. 167-FZ);

  1. the recognition and reservation of an ownership right to a land plot, the right to permanent (perpetual) use as well as the right to lifetime ownership with hereditary succession of a land plot (in the event that a residential home or part thereof that is the sole housing accommodation for a citizen and his/her family is located on the disputed land plot or part thereof);
  1. claimants (applicants) when courts consider cases concerning:
  1. the recovery of alimony;
  2. reimbursement for harm caused by the death, severe injury or other impairment of a breadwinner associated with employment or an emergency

(as revised by Federal Law of 21 July 2014 No. 271-FZ);

  1. the establishment of adoption, custody or guardianship of orphans and children without parental care and the conclusion of an agreement on the custody or guardianship of such children;
  2. public support measures for disabled children, orphans, children without parental care and individuals from among orphans and children without parental care

(subsection 2 as revised by Federal Law of 2 July 2013 No. 167-FZ);

  1. citizens about whom a court is considering an application for their recognition as being legally incompetent;
  2. citizens who are victims of political repressions – on matters related to rehabilitation;
  3. citizens about whom courts are considering cases for their involuntary psychiatric hospitalisation at a psychiatric hospital or an extension of involuntary psychiatric hospitalisation at a psychiatric hospital;
  4. citizens who are victims of an emergency – on matters related to the restoration of property rights and moral rights that were violated as a result of an emergency and the reimbursement of damage caused as a result of an emergency

(subsection 6 introduced by Federal Law of 21 July 2014 No. 271-FZ).

  1. The procedure, conditions and as well as the organisational and institutional support for the exercising of the right to receive free legal aid by citizens who are victims of an emergency shall be regulated as part of the state system of free legal aid by this Federal Law, federal laws and other regulatory acts of the Russian Federation as well as the laws and other regulatory acts of the constituent entities of the Russian Federation

(section 4 introduced by Federal Law of 21 July 2014 No. 271-FZ).

 

Article 21. Provision of free legal aid as part of the state system of free legal aid

 

  1. In the cases specified by section 2, Article 20 of this Federal Law, free legal aid as part of the state system of free legal aid shall be provided to a citizen who requests such aid:
  1. on a matter of a legal nature;
  2. on a matter that was not previously resolved by a valid court resolution adopted on the dispute between the same parties on the same subject and on the same grounds by:
  1. a court decision (sentence);
  2. a court ruling on the termination of proceedings in a case due to the accepted withdrawal of a lawsuit by a claimant;
  3. a court ruling on the termination of proceedings in a case due to the approval of a settlement agreement;
  1. on a matter for which no binding decision for the parties has been adopted by an arbitral tribunal on a dispute between the same parties, on the same subject and on the same grounds, except for cases when a court refused to issue an enforcement order for the mandatory enforcement of a decision by an arbitral tribunal.
  1. When making a decision on the provision of free legal aid to a citizen who is entitled to receive such aid, a governmental legal bureau or lawyers who are members of the state system of free legal aid must take into account that free legal aid in the framework of the state system of free legal aid shall not be provided in cases where a citizen:
  1. requested free legal aid for a matter that is not of a legal nature;
  2. requests the preparation of a statement, complaint, petition and other document of a legal nature and/or the representation of his/her interests in court, a government or municipal authority or organisation in the absence of legal grounds for filing the relevant claims;
  3. requests the preparation of a statement for court and/or the representation of his/her interests in court, a government or municipal authority or organisation if there are obstacles established by the legislation of the Russian Federation for appealing to a court, government or municipal authority or organisation.
  1. If a governmental legal bureau or lawyers who are members of the state system of free legal aid, decide that it is impossible to provide free legal aid to a citizen who is entitled to receive such aid as part of the state system of free legal aid, the citizen shall be issued the relevant conclusion in the cases specified by section 2 of this article.
  2. A governmental legal bureau and lawyers who are members of the state system of free legal aid shall not provide free legal aid to a citizen if a prosecutor has filed an application in court to protect the rights, freedoms and legitimate interests of this citizen in accordance with federal law.

 

Chapter 4. NON-STATE SYSTEM OF FREE LEGAL AID

 

Article 22. Members of the non-state system of free legal aid

 

  1. The non-state system of free legal aid shall be formed on a voluntary basis.
  2. Members of the non-state system of free legal aid shall include legal clinics (student advisory offices, student legal offices and others) and non-governmental centres of free legal aid.

 

Article 23. Provision of free legal aid by legal clinics

 

  1. Higher educational institutions may establish legal clinics for the purposes specified in section 2, Article 1 of this Federal Law, the legal education of the public and to form legal aid provision skills among students studying in the legal profession

(as revised by Federal Law of 2 July 2013 No. 185-FZ).

  1. A legal clinic shall be established as a legal entity if this right is granted to the higher educational institution by its founder or a structural subdivision of the higher educational institution

(as revised by Federal Law of 2 July 2013 No. 185-FZ).

  1. The procedure for the establishment of legal clinics by higher educational institutions and the procedure for their activities as part of the non-state system of free legal aid shall be determined by the federal executive authority responsible for developing public policy and legal regulation in the education sector

(as revised by Federal Law of 2 July 2013 No. 185-FZ).

  1. Legal clinics may provide free legal aid in the form of legal advice in verbal and written form as well as preparing statements, complaints, petitions and other documents of a legal nature.
  2. Individuals studying in the legal profession at higher educational institutions under the control of individuals who have a higher education and who are responsible for the education of such individuals and the activities of the legal clinic at the higher educational institution may take part in the provision of free legal aid by legal clinics

(as revised by Federal Law of 2 July 2013 No. 185-FZ).

 

Article 24. Non-governmental centres of free legal aid

 

  1. In order to provide citizens with free legal aid, non-profit organisations, lawyers, legal practices and bar associations of the constituent entities of the Russian Federation, notaries and notary associations may establish non-governmental centres of free legal aid.
  2. A non-governmental centre of free legal aid may be established as a legal entity - non-profit organisation or a structural unit of a legal entity. A non-governmental centre of free legal aid does not necessarily have to be a legal entity.
  3. The establishment of a non-governmental centre of free legal aid shall require:
  1. a space where citizens may be received;
  2. individuals having a higher legal education who are hired, including under an employment contract or civil contract, to provide legal advice to citizens at a particular non-governmental  centre of free legal aid.
  1. Non-governmental centres of free legal aid may provide citizens with free legal aid in the form of legal advice in verbal and written form as well as preparing statements, complaints, petitions and other documents of a legal nature.
  2. The types of free legal aid, the categories of citizens entitled to such aid and the list of legal issues for which such aid is provided shall be determined independently by non-governmental centres of free legal aid. The categories of citizens who are entitled to receive free legal aid shall primarily include citizens with low income or in difficult situations.
  3. When providing free legal aid at non-governmental centres of free legal aid, it shall not be permitted to establish restrictions or preferences depending on gender, race, nationality, language, origin, employment status, religion, beliefs or membership in public associations.
  4. In the event a non-governmental centre of free legal aid has not identified the categories of citizens who are entitled to receive free legal aid and the list of legal issues for which such is provided, the citizens specified in section 1, Article 20 of this Federal Law shall be entitled to appeal to this centre for the provision of free legal aid.
  5. A non-governmental centre of free legal aid and its founders must inform citizens about matters for which this centre provides free legal aid.
  6. Responsibility for any adverse effects from the provision of legal aid to a citizen by a non-governmental centre of free legal aid shall be borne by the individuals who provided such aid, the non-governmental centre for free legal aid and/or the founders of this centre in the manner prescribed by the legislation of the Russian Federation.

 

Article 25. List of non-governmental centres of free legal aid

 

  1. A non-governmental centre of free legal aid, and its founders within ten days from its establishment, shall send the regional body of the authorised federal executive authority a notice that should contain the following information about the non-governmental  centre of free legal aid:
  1. the date and address of the location of the founding (establishment) of this centre;
  2. the full name of this centre;
  3. the address of the space where citizens are received;
  4. information for each founder with the mandatory inclusion of the surname, name, patronymic, passport data and place of residence of an individual founder and the full name, main state registration number and address of a legal entity founder;
  5. a list signed by a person so authorised by the founder(s) of this centre of  the relevant individuals who will provide free legal aid and whose profiles comply with established requirements for providing it, with certified copies of their identity and legal education documents ;
  6. information about the types of free legal aid and categories of citizens who will be entitled to such aid;
  7. a list of legal matters for which free legal aid will be provided;
  8. the address of the location of this centre, email address and contact telephone number.
  1. If a non-governmental  centre of free legal aid is established as a legal entity, the procedure for its establishment and activities shall be governed by Federal Law of 12 January 1996 No. 7-FZ “On Non-profit Organisations” and Federal Law of 8 August 2001 No. 129-FZ “On the State Registration of Legal Entities and Individual Entrepreneurs” with the features established by this Federal Law.
  2. The authorised federal executive authority shall maintain a list of non-governmental centres of free legal aid and post it on its official Internet website. The procedure for maintaining the list and its posting shall be established by the authorised federal executive authority.

 

Article 26. Interaction between the authorised federal executive authority and members of the non-state system of free legal aid

 

  1. In order to guarantee citizens’ rights to receive free legal aid, the authorised federal executive authority, its regional bodies, non-governmental centres of free legal aid established as legal entities and non-profit organisations that are founders of non-governmental centres of free legal aid shall interact based on social partnership principles.
  2. The organisations specified in section 1 of this article may on a voluntary basis conclude an agreement on cooperation with the authorised federal executive authority or its regional bodies in the event such powers are granted to them by the authorised federal executive authority. In particular, the agreement must provide for:
  1. support from these organisations for all types of free legal aid specified by Article 6 of this Federal Law and/or the identification of other types of free legal aid;
  2. additional requirements for these organisations;
  3. state support measures for these organisations.
  1. Non-profit organisations and other founders of non-governmental centres of free legal aid shall carry out their activities at their own expense.

 

Article 27. State and municipal support of non-profit organisations that are members of the non-state system of free legal aid

 

Government authorities and local government authorities may provide support to non-profit organisations that are members of the state system of free legal aid in the forms and manner prescribed by Federal Law of 12 January 1996 No. 7-FZ “On Non-profit Organisations” and other federal laws.

 


Chapter 5. INFORMATIONAL SUPPORT OF ACTIVITIES FOR THE PROVISION OF FREE LEGAL AID TO CITIZENS

 

Article 28. Legal awareness and legal education of the public

 

  1. For the legal awareness and legal education of the public, the federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions, the management bodies of public extra-budgetary funds, local government authorities and officials must post the following information in places available to citizens, in the media or on the Internet or convey it to citizens in another manner:
  1. the procedure and cases of the provision of free legal aid;
  2. the scope, extent and methods for exercising and protecting the rights, freedoms and legitimate interests of citizens and the rights and legitimate interests of legal entities guaranteed by the legislation of the Russian Federation and the scope of the duties of citizens and legal entities and the extent of the performance of such duties;
  3. the competence and operating procedure of the federal executive authorities and their subordinate institutions, the executive authorities of the constituent entities of the Russian Federation and their subordinate institutions, the management bodies of public extra-budgetary funds and local government authorities and the powers of their officials;
  4. the rules for providing public and municipal services;
  5. the grounds, conditions and procedure for challenging the decisions and actions of the government authorities, the management bodies of public extra-budgetary funds, local government authorities, their subordinate institutions and their officials;
  6. the procedure for citizens to take legally significant actions and typical legal mistakes made when performing such actions.
  1. Governmental legal bureaux, lawyers and notaries may also bear responsibility for the legal awareness and legal education of the public, including the legal awareness of citizens who are entitled to free legal aid in accordance with the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation.
  2. Local government authorities may promote the legal awareness and legal education of the public in accordance with municipal legal acts.
  3. Legal clinics of higher educational institutions and non-governmental centres of free legal aid may promote legal awareness and legal education of the public

(as revised by Federal Law of 2 July 2013 No. 185-FZ).

 

Chapter 6. FUNDING FOR STATE GUARANTEES OF CITIZENS’ RIGHTS TO RECEIVE FREE LEGAL AID

 

Article 29. Funding of measures associated with the provision of free legal aid in the Russian Federation

 

  1. The government authorities of the Russian Federation and their subordinate institutions, the government authorities of the constituent entities of the Russian Federation and their subordinate institutions shall be responsible for funding of measures  associated with the provision of free legal aid in the Russian Federation in accordance with this Federal Law and other regulatory legal acts of the Russian Federation using budget allocations from the federal budget and budgets of the constituent entities of the Russian Federation in accordance with the budget legislation of the Russian Federation. Funding for expenditures associated with the provision of free legal aid using the funds of other entities shall be provided by the relevant entities independently.
  2. Funding for expenditures associated with the establishment and activities of governmental legal bureaux and/or remuneration for lawyers who provide citizens with free legal aid in cases specified by this Federal Law with compensation for their expenditures on the provision of such aid shall be an expenditure obligation of the constituent entities of the Russian Federation.
  3. Funding for the expenditures of local government authorities associated with the establishment and activities of municipal legal bureaux and the establishment of additional guarantees for citizens’ rights to receive free legal aid in the manner prescribed by Article 14 of this Federal Law shall be an expenditure obligation of local budgets.

 

Chapter 7. FINAL PROVISIONS

 

Article 30. Final provisions

 

  1. Governmental legal bureaux established by the Government of the Russian Federation prior to the date of entry into force of this Federal Law shall be transferred to the jurisdiction of the constituent entities of the Russian Federation before 31 December 2012.
  2. Prior to being transferred to the jurisdiction of the constituent entities of the Russian Federation, the governmental legal bureaux specified in section 1 of this article shall provide free legal aid in the manner prescribed by the Government of the Russian Federation and be funded by federal budget allocations.

 

Article 31. Entry into force of this Federal Law

 

This Federal Law shall enter into force as of 15 January 2012.

 

 

President

of the Russian Federation

D. MEDVEDEV

Moscow, Kremlin

21 November 2011

No. 324-FZ