for Example, lawyers record an increasing number of incorrect or late notification of participants of process, violation of certain procedural deadlines. In the end, the defenders have to get to the court, including public transport, only to have to learn to postpone consideration of the case. In this regard Yury Pilipenko said that in the current situation it would be reasonable acceptance on the part of court personnel organizational measures that do not require significant efforts for remote coordination of such issues. That is, it is desirable that the defender could from the comfort of home to learn that today the matter will not be considered.
Also, as reported in a letter to the President of FPA, often the decision on extension of term of detention imposed without the participation of the defendants, citing extraordinary circumstances. The court refuses satisfaction of requests for provision of such participation on the system of video conferencing.
In connection with the above facts in a letter requested the President of the Supreme court of the Russian Federation to draw the attention of presidents of courts and judges in Russia on the inadmissibility of ignoring the procedural rights and guarantees of parties to the proceedings. Special circumstances in this case do not justify.
Also, the President of the Federal chamber leads received from the presidents of the regional bar chambers the information that the trials are often not provided with basic and compulsory to date anti-epidemic measures. As stressed by Yuri Pilipenko, in this difficult time lawyers of Russia, without having even the minimum guarantees of social protection, conscientiously perform their professional duties, ensuring the implementation of the right of everyone to qualified legal assistance. “However, the courts ignoring basic epidemiological rules, the absence of a reasonable approach to the organization of justice in the prevailing circumstances, inspire lawyers founded fear, because the increased threat of disease and loss of livelihood for lawyers and members of their families,” – said the President of the Federal chamber of advocates.
that is Why the Manager of the bar asked the President of the Supreme court of the Russian Federation to draw the attention of presidents of courts and judges in Russia to the need to adopt a set of measures aimed at ensuring the courts and all participants in the ongoing trial of individual means of protection: disposable masks, gloves, disinfectants, etc. According to Yury Pilipenko, in cases where the court made a decision about the necessity of the hearing, they should be provided with a minimum abouttelepistemology requirements of all participants in such a trial.
“the Court organizes the process, the presiding officer directs them, says Vice President of FPA Michael Tolcheev. Is, in our opinion, imposes a duty on the compliance of the process with such requirements. All participants should be provided with masks, provides an opportunity to use antiseptics, the premises should be disinfected, etc. On it in today’s conditions it is necessary to pay special attention.”
he also said that the court often does not consider it necessary to notify in advance the participants of the process that is scheduled for consideration, the case will be postponed. “This deposition will be of a technical nature, they are related only to epidemiological measures, and the turnout of participants in the process optional, – continues Michael Tolcheev. – It would seem that in such a situation in order to minimize violations of the restrictive measures should notify all. But the courts, as a rule, do not. It is impossible to receive this information and on the court’s website or by phone. The lawyer is forced to go sometimes in public transport, to wait near the court building are not allowed to know that the case is pending. But this is easy to avoid”.
