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Digest 56

We are glad to present you the 56th issue of the St. Petersburg International Legal Forum Digest.

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The VII St. Petersburg International Legal Forum’s date is announced

Forum news

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In 2017 St. Petersburg International Legal Forum will take place on 16-20 May.

We kindly invite you to take part in the development of the programme for the Forum 2017. We will be grateful for your concrete proposals on the topics of round tables and possible speakers of the VII SPBILF to programcommittee@spblegalforum.com.

The Organizing Committee highly appreciates your cooperation and kindly asks to forward thoroughly detailed proposals.

LF Academy lecturers on the professional dress style of a lawyer

As the new business season begins, LF Academy lecturers and friends share some thoughts on the professional dress style of a lawyer.

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LF Academy today is over 300 hours of unique videos by leading experts of the global legal community.

LF Academy subscribers have access to exclusive lectures, panel discussions, commentaries and master classes by renowned Russian and foreign experts.

www.lfacademy.ru


Andrey Sheliutto

artist, head designer of Manifesta 10 modern art biennale, designer for the 100th Anniversary of the Russian Pavilion at the Venice Biennale, head designer of the 4th Moscow Modern Art Biennale, art director of Hermitage Magazine, professor at the School of Design of Higher School of Economics, director of Trottola Gallery (Florence, Italy), head designer, SPILF


In a letter to his brother Theo, Vincent van Gogh once wrote: “One should retain something of the original character of a Robinson Crusoe …, for otherwise one cannot be rooted in oneself.” This piece of advice is universal. In relation to a man’s personal style, it seems to also mean that a style too demanding, refined or elegant is not quite sincere. It betrays its studied nature, whereas it should be presented in its primal purity. Purity and simplicity are essential, signifying that much of what is within reach has been foregone. But this simplicity is, of course, entirely different from the forced simplicity of a style, arising from very little being within reach. The more the individual discards in his search for his true style, without remorse exorcising all that clutters his image, the more accurate the formal definition of the fixation of his personal image, which is otherwise treacherously, elusively in flux, like a river.



Vsevolod Baibak

Candidate Doctor of Law, Senior Lecturer, Chair of Civil Law and Process, Higher School of Economics, partner in a law firm


It’s not just important, it’s critical for a lawyer to look good. A lawyer who wears grimy shoes or a wrinkled shirt to a meeting with a potential client can hardly hope for a serious engagement. Individual style may be cultivated only as long as it doesn’t clash with the general notions of conservatism and academism attached to the legal profession. A lawyer wearing a tuxedo with some gaudy track pants may look cool in his own right, but will definitely look out of place in courtroom or at a meeting with clients.

Personally, I prefer the bow-tie. A bow-tie is easy to take off and put in your suit pocket. A bow-tie is unlikely to get any food stains, and it doesn’t get in the way. But what matters the most is the style that comes with it. I would say, a bow-tie signifies openness to all things new and interesting.



Natalia Shatikhina

Senior Lecturer, Chair of Criminal Law, School of Law, St. Petersburg State University, managing partner in a law firm


Aside from my love of beautiful clothes, I believe the best way for a lawyer to pick the right outfit is to treat their wardrobe as a system of symbols, which helps us speak even when we are silent. Personally, I prize three components in my dress: it must be a reflection of me, it must convey to others what I have in mind, and, finally, it must not distract me amid the turmoil of my working week. It seems to me that most of the discerning dressers use the same approach in selecting their wardrobe. Being an active and strident person, I would not feel comfortable wearing a tight skirt. I prefer trousers and a cardigan or soft jacket instead of the classic two-piece outfit. I think suits make me look too tough, somehow. But sometimes I will wear a dress or a skirt deliberately, particularly when I have a difficult conference ahead. That’s in order not to forget, and not to let my counterparts forget that I’m not a man. I see many girls espouse this trademark style with bright colours, skin-tight frocks, high heels and large jewellery. It’s an aggressive, sexy style. It really befits them, and doesn’t look vulgar at all. They look great. Some prefer more feminine dresses, long and soft ones, or long undulating dresses with floral or polka dot ornaments. That’s their image, it only adds to their charm. In the legal profession, though, one has to be mindful of certain conventions. A notary public, for instance, should probably wear subdued colours. An attorney should also wear something neutral in court, so as not to offend the judges. Naturally, adjustments should be made for age and status. My advice to my young colleagues is this: keep your fantasy reined in, stick with the time-tested classic outfits. Until a certain time in your career, your appearance will tell people more about you than your credentials could.

Legal Forum Live 2016

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In 2016, SPILF Organizing Committee introduced a new format aimed at expanding the audience of not only viewers, but also participants of the Forum's programme discussions.

The project was called Legal Forum Live: legal communities from Russia and the CIS countries held their own events accompanied by broadcasts of the Forum's sessions. The Forum had 2,000 remote participants from 33 cities.

Together with organizers of the SPILF regional venues, we have summarized events' results and gladly share them with you. Follow our updates.

Kazan Federal University

Kazan


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On May 18, 2016, Kazan (Volga Region) Federal University hosted a round-table discussion as a part of the VI St Petersburg International Legal Forum.

Panellists included representatives of the republic's universities, law-enforcement bodies, courts, recruitment agencies, major employers and psychologists.

The round table started with an on-line broadcast of one of the Forum's conferences: Law Schools: Best International Practices.

Olga Cheparina, vice dean for education, Law Faculty, Kazan Federal University, delivered the opening speech, expressed her hope that such events will become a tradition and thanked organizers and participants.

Marat Minibaev, member of the supervisory board of the Law Faculty, Kazan Federal University, stressed the relevance of the topic to the faculty, employers, graduates and general public because graduates' adjustment today plays a crucial role.

Ilsur Salikhov, head of the Professional Monitoring and Legal Career Building programme at the Law Faculty of the Kazan Federal University, defined the goals and structure of the round table.

The Law Faculty, he noted, raised this seemingly easy question: what does a lawyer need to be successful? Apparently, theoretical and practical expertise is only one of the indicators of quality and efficiency of a lawyer's work. It is not enough to simply know the law and be able to apply it. There are numerous skills, competences and qualities that need to be developed.

Irina Puchkova, Ph.D. in Psychology, assistant professor at the Department of Psychology of Personality, Institute of Psychology and Education, Kazan Federal University, spoke about psychological aspects of development of competences and qualities.

Anje Latypova, director of the Training Centre at the Institute of Continuing Education, Kazan Federal University, made a presentation titled Development of Specific Qualities of a Professional. In psychology, she added, there is a term “psychological job specification.” It studies psychological traits needed for certain jobs and gives a general psychological portrait of a person best suited for a specific job and able to cope with its tasks.

Nadezhda Belova, director of a branch office of Chelovecheskiy Capital consulting company, thinks that additional competences are universal and important for various spheres. Today, the term “profession” is getting old and being replaced by a set of skills and competences required for performing specific tasks. This set can be supplemented by new skills and “reconfigured” into another profession.

Svetlana Ganeeva, director of Human Resource Management Association, shared with the panel her views on how a lawyer can succeed on the labour market.

Konstantin Egorov, director of the Stroy Capital law firm, noted that to have a successful career, a lawyer must really be a professional, not just to seem like one, to have an additional set of legal consulting skills, to be able to solve creative tasks in constricted conditions, when representing a client at negotiations or in court.

Ildus Yanyshev, chairperson of the Alumni Association, Law Faculty, Kazan Federal University, said that the state and society need people who create rules of conduct and enforce them and lawyers, together with policymakers, are exactly this kind of people. However, performing these tasks requires more than having those professional and additional qualities discussed at the round table. It requires certain personal ethical qualities. For lawyers it is an acute sense of justice. In other words, lawyers are guardians of justice.



Privacy Group

Krasnodar


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On May 19–20, 2016, Krasnodar held its first Legal Forum Live event. It attracted all active members of the region's legal community.

Legal Forum Live in Krasnodar was organized by the Privacy Group law firm. The event gathered over 100 participants: top managers and owners of law firms; heads of legal departments of energy, manufacturing, construction and real estate companies; representatives of the municipal and regional administrations, Federal Service of State Registration, Cadastre and Cartography, Krasnodar Customs Service, Investigation Department of the Russian Interior Ministry, Federal Service for the Oversight of Natural Resources, etc.

The forum held two conferences (Bankruptcy and Its Legal Support and Real Estate Law. From General to Specific) and nine round-table discussions: Tax Inspections: Before, During and After; Investments. Legal Challenges and Opportunities for Investors; Protection Against Unfair Competition; Environmental Responsibility; Reimbursement of Legal Costs and Legal Services Pricing; Protection of Intellectual Property; Application of Criminal Law in Civil Disputes Resolution.

Igor Tomilin, co-founder of Privacy Group, is convinced that “Legal Forum Live is a breakthrough in communication between the region's lawyers. It is a unique platform where we can meet, discuss current issues, share our experience, learn something new and get useful contacts to solve tasks legal community faces more effectively and efficiently.”

“Until now Krasnodar did not have a landmark legal venue. I sincerely hope that Legal Forum Live will take root in Krasnodar and finally become that traditional meeting place for the legal professionals of our region, which so far we have thoroughly lacked,” says Pavel Mayorov, managing partner at CLEVER Consulting Group.

Official partners of Legal Forum Live in Krasnodar were Domaschenko and Partners law firm, Grey Bear Pub, Dirizher company, Slavprom vine producer, AQ drinking water.

Event's strategic partner: RIA FederalPress. Information partners: Vedomosti newspaper, Krasnodar TV channel, Yug Times and Delovaya Gazeta.Yug weekly newspapers, Svoya Kompaniya journal.

Russian New University

Moscow


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On May 19, 2016, Russian New University (RosNOU) took part in the Legal Forum Live project of the VI St Petersburg International Legal Forum, and held a conference titled Ethical, Legal and Educational Challenges of National Anti-Corruption Policy Development. The conference was moderated by Aleksei Tyrtyshniy, dean of the Law Faculty, Ph.D. in Psychology, head of the Department of Theory and History of Law and State at RosNOU.

The conference was presided by Professor Vladimir Zernov, chairperson of the Council of the Association of Private Russian Universities, dean of the Russian New University and Ph.D. in Engineering; Professor Sergei Baburin, president of the Association of Private Russian Universities; Professor Sergei Kashkin, Doctor of Law and head of the department of European Union Law at the Kutafin Moscow State Law University; Raul Dzhindzholia, Doctor of Law, head of the Department of Criminal Law at the RosNOU and ex-minister of justice of the Republic of Abkhazia; Colonel of Justice Oleg Shestopalov, deputy head of Education Department at the Investigative Committee of the Russian Federation; Mikhail Zyuzkov, jurist of the first rank, head of administration of the Moscow Regional Branch of the Russian Bar Association; Larisa van Diemen, head of Legal Department at “Energy System Design” Group of Design Organizations.

The conference was opened by Professor Vladimir Zernov, chairperson of the Council of the Association of Private Russian Universities and Ph.D. in Engineering. In his speech Professor Zernov talked of high propensity for corruption in Russia despite human resources and infrastructure left after the dissolution of the USSR. Today, corruption occurs faster than current anti-corruption mechanisms can curb it; there is a high demand for new institutions, methods and tools that would allow to minimise the risk of proliferation of corruption, if not eliminate it entirely.

Professor Sergei Baburin, Doctor of Law and president of the Association of Private Russian Universities, highlighted the fact that corruption continues to invade the main functions of the state, despite all existing anti-corruption mechanisms, national and local authorities' actions and efforts of law-enforcement bodies. This has a number of reasons and demands resolute actions. One of the main reasons, according to Professor Baburin, is lack of constitutional values in modern politics. It is an integral part of due state governance and thus influences every sphere of people's lives; this is why it should become a cornerstone of Russia's anti-corruption policy.

Participants addressed the current issues of Russia's anti-corruption policy development, constitutional values' role and place in state development and positive examples of anti-corruption actions of other states. Colonel of Justice Oleg Shestopalov, deputy head of Education Department at the Investigative Committee of the Russian Federation, shared new anti-corruption standards of Investigative Committee's educational institutions. He noted that fostering positive legal awareness and rejection of any forms of corruption is an important aspect of training Investigative Committee's officers.

Raul Dzhindzholia, Doctor of Law, head of the department of Criminal Law at the RosNOU and ex-minister of justice of the Republic of Abkhazia, spoke about corruption worldwide. He highlighted the success of Singapore and Taiwan in eliminating the main causes for corruption and creating an environment preventing it in the future. Data on corruption levels in these states were provided by a global study. (http://law.rosnou.ru/v-mire/)

Evgeniy Semyanov, Candidate of Legal Sciences, lawyer and managing partner at Semyanov, Butin and Partners law firm in Moscow, touched upon a practical side of countering corruption in Russia. Mr Semyanov addressed a special nature of lawyer's work in dealing with criminal corruption cases and a significance of lawyer's ethics in such work.

Professor Evgeniy Palkin, vice-rector of the Russian New University, Ph.D. in Physics and Mathematics and winner of the USSR State Prize, took a conceptual approach to describing main anti-corruption drivers. Professor Palkin compared corruption to a biological virus, which gave the issue a new perspective thus opening up new ways of countering it.

Aleksei Tyrtyshniy, dean of the Law Faculty, Ph.D. in Psychology, head of the department of Theory and History of Law and State at RosNOU, made a closing speech of the conference, stressing the demand for new anti-corruption compliance programmes, which would become effective anti-corruption mechanisms in regions, in state and municipal government, public-private partnerships and private sector.

South-Russian Institute of Management of the Russian Presidential Academy of National Economy and Public Administration

Rostov-na-Donu


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In May 2016, under the Legal Forum Life project, Legal Faculty of the South-Russian Institute of Management of the Russian Presidential Academy of National Economy and Public Administration held an international conference dedicated to the 20th anniversary of Russia's accession to the Council of Europe titled, Role of the Council of Europe in Legal Development and Legal Practice of Member States in Public and Private Institutions' Sphere with the Example of the Russian Federation. Advantages and Controversies of the Mechanism of Legal Interaction Between the Council of Europe and Its Member States.

Participants of the international conference discussed legal aspects of the dialogue between the Council of Europe and Russia concerning the Council's work on human rights, protection of rights of refugees and migrants, children rights' protection, guaranteeing the right to legal representation and development of legal institutions, new challenges and threats before the Council and its member states.

Among the participants were leading experts on international law and academics specialising on various branches of law and litigation from Moscow State University, Moscow State University of Law, Higher School of Economics, Institute of Friendship of the People of Caucasus, Donetsk National University, Southern Federal University and Russian Presidential Academy of National Economy and Public Administration, as well as judges, representatives of Perm Regional Court, Fifteenth Arbitration Appeal Court, lawyers, human rights advocates, legal practitioners, students, graduate and post-graduate students.

Anna Tarasova, associate professor at the Department of Civil and Entrepreneurial Law of the Legal Faculty of the South-Russian Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, moderated the conference.

Based on the speakers' presentations and the ensuing discussion, participants adopted a resolution with proposals on improvement of the Russian law and legal practice and standards and practices of the Council of Europe and the European Court of Human Rights.

Participants thanked the SPILF organizers in St Petersburg and the organizer of the SPILF event in Rostov-on-Don, Legal Faculty of the South-Russian Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, for an opportunity to speak, interesting discussions and a dialogue under the new Legal Forum Live project, and expressed their hope that this would become an annual event.