«Seizure» of the Bar and Persecution of Lawyers in Russian Federation: How to Return Lawyer`s Independence and the Citizen’s Right to Protection: Scientific and Practical Report

The report considers issues related to the suppression of lawyers’ independence and the «seizure» («capture») of self-governing bodies as organizational institutions of the Bar, as well as the problems of prosecution of lawyers by state bodies and «captured» bodies of lawyers’ self-governance in Russia. International standards of legal profession, the basics of normative regulation of the institute of advocacy are considered, attention is drawn to the shortcomings in Russian legislation, law enforcement practice, practice of organization and activities of the Bar. Attention is drawn to the lack of adequate response of the Federal Chamber of Advocates and the Bar chambers of the regions of Russia to the systemic problems that contribute to the ongoing «capture» of the institution of the Bar as a whole by the state and its actors, suppression of the activity of representatives of the legal community and violations of human rights. The report provides facts confirming that from 2002 to 2025 in Russia (during the period of the new legislation on on advocacy and the Bar in the Russian Federation) at least one hundred lawyers suffered from unlawful attacks on life and health. At least eighty lawyers were unlawfully prosecuted by state authorities. At least sixty lawyers were unlawfully prosecuted by the Federal Chamber of Advocates and regional chambers of advocates. More than two hundred lawyers were unlawfully restricted in their freedom of movement by the state authorities. Russia has created extremely unfavorable conditions for lawyers to practice their profession and the realization of civil and corporate rights, while the Federal Chamber of Advocates and regional Bar chambers do not systematically and in a coordinated manner address entrenched violations of lawyers’ rights. The «capture» of self-governing bodies of the legal profession in Russia revealed in the report is characterized by such signs as usurpation of power in self-governing bodies and subordination of lawyers, law firms and law chambers of the regions of Russia to the Federal Chamber of Advocates, suppression of dissent, censorship, corruption and financial abuse of managers, discrimination, complication of access to the profession, continuation and suspension of the practicing law, repressive rulemaking and harassment of lawyers, including government agencies, anti-advocate legislative initiatives, the expansionism and imperial ambitions of the leaders of the Federal Chamber of Advocates and regional Chambers of Advocates, the politicization of the activities of the Bar’s self-governing bodies, and the promotion of the idea of introducing a «lawyer’s monopoly» as a way of total subordination of the legal profession to state actors. The report analyzes shortcomings in the systems of law enforcement and accountability and concludes that the current situation of the Bar in Russia does not meet international standards. Due to the subordination of the Federal Chamber of Advocates and the Bar chambers of Russia’s regions to state actors, repression of lawyers and the creation of an atmosphere of fear, the institution of the Bar cannot fully and effectively fulfill its function of ensuring the right to legal assistance by independent lawyers - a fundamental human right that is part of the system of international obligations of the state and is a constitutional guarantee. The final part of the report contains the main conclusions on the situation in the Bar, recommendations for bringing the legislation, practice of its application, structure and activities of lawyers’ self-governance bodies in Russia in line with international standards in the field of legal profession and human rights.