Russia: More bad news for the legal profession – foreign travel further curtailed

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Russia: More bad news about the legal profession

Information for lawyers planning to travel abroad

Currently, Russian legislation imposes a number of obligations and restrictions on lawyers who are aware of information of particular importance or top secret information. In connection with the increasing number of requests from lawyers regarding their travel abroad, we explain the following two aspects of this issue that are relevant for lawyers: the establishment of a restriction on travel for those who are aware of information of particular importance or top secret information, and notification of lawyers who are aware of information of particular importance or top secret information about their intention to travel abroad.

Restrictions on travel abroad for a lawyer who is aware of such information are established by a decision of the Ministry of Justice of Russia (the Minister or Deputy Minister) based on a report from judicial or investigative bodies. At the same time, according to the position of the Ministry of Justice of Russia, such reports must necessarily contain the opinion of the court or investigative body on the need (or lack thereof) to restrict travel. If the report does not contain such an opinion, it is returned for “revision”, which does not prevent the court or investigative body from sending the report again, this time indicating the need (or lack of need) to restrict the lawyer’s travel abroad.

The lawyer must be notified of the decision to restrict travel (Federal Law of 15.08.1996 N 114-FZ “On the Procedure for Leaving the Russian Federation and Entering the Russian Federation”). However, the notification algorithm has not been developed at present; the question of which address to conside relevant is being resolved (the lawyer’s personal address, information about which is in 04.08.2024, 20:47 Information for lawyers planning to travel abroad the closed part of the register of lawyers, the address of the lawyer’s association from the register of lawyers, or the address of the lawyer’s association from the register of lawyer’s affiliates maintained by regional bar chambers). In this regard, and also in connection with the fact that between the decision on the travel restriction and the notification of the lawyer there will inevitably and naturally be a certain time gap (for the preparation and sending of the notification), there are risks of unfavorable consequences for the lawyer. For example, the lawyer left abroad during the ban (neither the lawyer nor the FSB border service managed to receive the notification), the lawyer was stopped at the border (the lawyer did not receive the notification, but the FSB received it), the lawyer received the notification of the restriction before leaving, but had already purchased a ticket or travel package.

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https://www.icj.org/russian-federation-reinstate-disbarred-lawyer-aleksey-ladin-and-protect-legal-professionals-from-reprisals/

https://www.ibanet.org/document?id=UNHRC55-IBAHRI-joint-statement-on-Russia-Mar2024