The reform of arbitration courts, launched several years ago, continues to gain momentum. However, it is already clear: not all innovations are perceived by the participants in the proceedings as positive. So, despite the introduction of mandative production and the mandatory claim procedure for disputes under consideration by arbitration, the very amendments that were designed to relieve the courts, the Themis servants complain that they still can`t cope with the number of cases. Another novel - the development of electronic justice - was supposed to facilitate and speed up the work of lawyers, but made even more confusion. As a result, the Supreme Court had to publish explanations regarding new features of the service and the rules for filing documents.
What can we expect from a law institute in the near future? Are there any positive changes in the sphere of legal consulting after making further amendments to the legislation of the Russian Federation?
This and many other things were said at the first meeting of the closed law club, organized by the Publishing House “Kommersant-Kuban” in the “Platan Yuzhny Hotel”.
Yury Mirzoev, CEO of the National Law Company “Mitra” began the discussion. He noted that the count of changes for him personally began in 2014, namely, with the abolition of the Supreme Arbitration Court, which resulted in a number of consequences that somehow affected the structure of legal companies.
- For example, until 2014, one of the most profitable and developing practices of law firms that specialized in arbitration disputes was tax practice. After the liquidation of the Supreme Arbitration Court, it significantly deteriorated, - Mr. Mirzoev believes. - The courts began to rarely make decisions in favor of taxpayers, as a result, most companies have strongly sunk this practice, and now it is not enough for anyone who is budget-forming. I can`t say about the law on arbitration courts. It's no secret that many of them were created at law companies. Now most of them have either completed their activities, or will do so in the near future. It turns out that this direction in the legal business will not be either. Most likely, only a few large courts will remain: with the Chamber of Commerce and Industry or with large non-profit organizations. As for most innovations, I'm sure that they practically do not influence the legal market. The way we file documents, as we are judged, has nothing to do with the number of clients. The state of the economy in our country has a greater impact. In particular, "bankrupt practice" is the most popular among many law firms.
Konstantin Serdyukov, Partner, Head of Private Law Practice, National Law Company “Mitra”, expressed another opinion. He urged his colleagues not to dissemble: not always lawyers represent plaintiffs - sometimes they act on the side of the respondents.
"Everyone has the right to protection and legal assistance," he recalled. - And in this case we have the opportunity to properly prepare, including organizing events that will allow the defendant to get out of this dispute by the winner or with the least losses. This is also part of our work, part of legal consulting.
- We are not against obtaining the status of lawyers, we are only against the criteria that domestic lawmakers plan to establish. If you act on the proposed scheme, then, most likely, this will be tantamount to a ban on the profession. Yes, it is necessary to narrow the circle of specialists who are engaged in jurisprudence, there should not be random people. But at the same time, there is no need to take hasty decisions that could negatively affect the industry, "said Zaurbek Akhmetov, partner, executive director of the National Law Company “Mitra”.
Materials were taken from “Kommersant”
