Размеры гонорара АК «Надежда»

The Decision No. 7.1

The Council of the Chamber of Lawyers of the Astrakhan region

February 22, 2017 Astrakhan

In order to develop the unified criteria when determining the amount of remuneration (fee) in the conclusion of the agreements with the Principals for legal assistance by the Lawyers, taking into account the fee practices of the Lawyers of the Astrakhan Region, pursuant to article 31 of the Federal Law "On Advocacy and Advocateship in the Russian Federation", the Council of Chamber of Lawyers of the Astrakhan region has decided to recommend to the lawyers the following minimum fee rates (note 1):

Advice and drafting of legal documents (is not applicable to section 7).
1. Oral advice on legal issues - from 1500 rubles, with the study of the legal documents - from 3500 rubles, at the location of the Principal from 5000 rubles;
2. Preparation of bills, complaints, solicitations, objections, complaints and other legal documents that are not related to the challenge of court decisions - from 3500 rubles, and if necessary, collection of evidence, familiarization with additional documents - from 6500 rubles;
3. Preparation of complaints, objections, petitions, solicitations related to the challenge of court decisions or other administrative authorities (administrative acts of the administrative authorities) - from 5,500 rubles, and if necessary, collection of evidence, familiarization with additional documents - from 7500 rubles;
4. Drafting of agreements, contracts, treaties, from 9000 rubles;
5. Legal support of transactions - from 15,000 rubles.

1¹. Advice and drafting of legal documents for legal persons, the performers of entrepreneurial and other economic activities.

1¹.1. Oral advice on legal issues - from 3500 rubles, at the location of the Principal - from 7000 rubles;

1¹.2. Written advice and information on legal issues - from 5000 rubles;

1¹.3. The drafting of agreements, contracts, charters, provisions from 15,000 rubles;

1¹.4. Legal support of transactions - from 20,000 rubles.

Participation in civil, administrative proceedings, proceedings in the cases of administrative offenses, enforcement proceedings (Note 2.3).
1. Participation as a representative of the Principal in the court of first instance, as well as a lawyer in the appeals instance, that previously had not participated in the case:
  1. 2.1.1.- In civil cases and administrative cases (a court order), related to the jurisdiction of a magistrate - from 21,000 rubles, or from the 5,500 rubles for every day of the work;
  2. 2.1.2.-In civil and administrative cases, related to the jurisdiction of the district court - from 35,000 rubles, or from 7500 rubles for each day of operation:
  3. 2.1.3.-In civil and administrative cases, related to the jurisdiction of the regional (territorial), the Supreme Court - from 55,000 rubles, or from 9500 rubles for every day of the work;
2. Preparation of appeal and/or participation as a representative of the Principal as a lawyer in the court of appeals instance, that previously had not participated in the case:
  1. 2.2.1.- In civil cases related to the jurisdiction of a magistrate - from 10,500 rubles, or from the 5,500 rubles for every day of the work;
  2. 2.2.2.-In civil and administrative cases, related to the jurisdiction of the district court - from 17,500 rubles, or from 7500 rubles for every day of the work;
  3. 2.2.3.-In civil and administrative cases, related to the jurisdiction of the regional (territorial), the Supreme Court - from 27500 rubles, or from 9500 rubles for each day of operation:
3. Drafting of the cassation, supervisory appeals and/or participation as a representative of the Principal in the court of cassation, supervisory instance as a lawyer:
  1. 2.3.1.- Previously having participated in consideration of the case - from 10,000 rubles, in cases related to the jurisdiction of a magistrate; from 15,000 rubles in cases related to the jurisdiction of the district court; from 22500 rubles in cases related to the jurisdiction of the regional (territorial), the Supreme Court; or from 6500 rubles for every day of the work on the cases;
  2. 2.3.2.- Previously not having participated in consideration of the case - from 15,000 rubles in cases related to the jurisdiction of a magistrate; from 22000 rubles in cases related to the jurisdiction of the district court; from 30,000 rubles in cases related to the jurisdiction of the regional (territoria), the Supreme Court; or from 8000 rubles for every day of the work on the cases;
4. Participation as a representative of the Principal in the proceedings on administrative offenses or the enforcement proceedings - from 12,500 rubles, or from 6500 rubles for every day of the work;
5. Participation in the out-of-court or pre-trial dispute resolution - from 18,000 rubles, or from 8000 rubles for each day of work.

Participation in criminal proceedings (Note 4.5).

1. 3.1.As a defender at preliminary investigation - from 30,000 rubles, and in the case of the extension of the investigation over two months - additional payment for each subsequent month of the preliminary investigation in the amount from 20,000 rubles;
2. 3.2.As a defender at inquest - from 25,000 rubles, and in the case of extension of the inquest over one month - extra charge for each subsequent month of the inquest in the amount from15,000 rubles;
3. 3.3.Participation of a lawyer in processual checks before the institution of criminal proceeding, as well as in presentation of the interests of witness by the lawyer , victim - from 10,000 rubles for each day of work:
4. 3.4.As an advocate in the court of first instance:
- In cases related to the jurisdiction of the Supreme Court of the Russian Federation, regional (territorial) court, including the consideration with the participation of jurors - from 90,000 rubles, in the case of the duration of the trial over two months extra payment from 7500 rubles for each day of work;
- In cases related to the jurisdiction of the district court - from 35,000 rubles, dealt with the participation of jurors - from 50,000 rubles, in a special order of the judicial proceedings - from 20,000 rubles, and in the case of the duration of the trial over two months extra payment from 6,000 rubles for every day of the work;
- In cases related to the jurisdiction of a magistrate - from 25,000 rubles, in a special order of judicial proceedings - from 15,000 rubles, and in the case of the duration of the trial over two months extra payment from 5000 rubles for every day of the work;
1. 3.5.Preparation of cassation, supervisory appeal and/or participation as the defender in the court of appeal, cassation, supervisory instance by lawyer, previously having participated in the case - from 50% of the fee, specified in paragraph 3.4. of the present decision; preparation of appeal, cassation and supervisory appeal and/or participation as the defender in the court of appeal, cassation, supervisory instance as a lawyer, previously not having participated in the case - from 80% of the fees specified in paragraph 3.4. of the present decision;
2. 3.6.Visit to the SIZO,IVS for the provision of legal assistance, not related to participation in the proceedings in a criminal case: Within the populated locality, in which the lawyer conducts advocacy, from 6,000 rubles for every day of the work; associated with departing from of the populated locality in which the lawyer conducts advocacy, from 7500 rubles for every day of the work;
3. 3.7.Visit to the penitentiary for the provision of legal assistance, not related to participation in the proceedings pf a criminal case - from 10,000 rubles for each day of work.

Participation in the constitutional court proceedings.
1. 4.1.Preparation of requests, solicitations or complaints to the Constitutional Court of the Russian Federation, taking into account the need of familiarization with the normative acts and the materials of the case (other documents) - from 35,000 rubles;
2. 4.2.Participation as a representative in the Constitutional Court of the Russian Federation - from 40,000 rubles.

Appeal to the European Court of Human Rights.
1. 5.1.Preparation of complaints to the European Court of Human Rights by the lawyer involved (having been involved) as a defender or representative in the proceedings - from 60,000 rubles;
2. 5.2.Preparation of complaints to the European court of human rights by the lawyer, not involved (not having been involved) as a defender or representative in the proceedings - from 100,000 rubles;
3. 5.3.Conduct of the case in the European Court of Human Rights by the lawyer after the beginning of the complaint communication - 6500 rubles per hour of work.

Representation in non-judicial authorities.
1. 6.1.Participation as a representative of the Principal in the non-judicial authorities of dispute resolution (customs, tax authorities, state and local self-government authorities, etc.) - From 25,000 rubles, or from 6500 rubles for every day of the work;
2. 6.2.Representation of interests of the Principal by the program "Family lawyer", subscription agreement - from 30,000 rubles per month (note 6).

Participation as a representative in the arbitration proceedings and provision of legal assistance to performers of entrepreneurial activity (Note 2.3).
1. 7.1.Representation of interests of the Principal in the arbitration court of first instance (including drafting of the basic procedural document)- 60% of the fee: Other legal work, including the conversation with the Principal -10% of the fee: Participation in the trials - 30% of the fee):
  1. 7.1.1.- Given the amount of the claim, or the material profit of the Principal up to 100,000 rubles - from 25,000 rubles:
  2. 7.1.2.-When the amount of the claim, or the estate of the principal benefit from 100000 rubles up to 500000 rubles - from 50,000 rubles;
  3. 7.1.3.- Given the amount of the claim, or the material profit of the Principal from 500000 rubles to 3000000 rubles - from 100000 rubles;
  4. 7.1.4.-Given the amount of the claim, or the material profit of the Principal from 3000000 rubles to 5000000 rubles - from 150,000 rubles:
  5. 7.1.5.-Given the amount of the claim, or the material profit of the Principal up to from 5000000 rubles to 30000000 rubles - from 200,000 rubles;
  6. 7.1.6.- Given the amount of the claim, or the material profit of the Principal over 30000000 rubles - from 250,000 rubles.
2. 7.2.Representation of interests of the Principal in arbitration court of appeal instance: by the lawyer previously having participated in the court of first instance, - from 50% of the fees as provided in section 7.1. of the present decision; a lawyer, not having previously participated in the court of first instance, - from 80% of the fees as provided in section 7.1. of the present decision;
3. 7.3.Representation of interests of the Principal in the arbitration court of cassation instance by the lawyer previously having participated in the court of first instance, - from 50% of the fees as provided in section 7.2. of the present decision; a lawyer not having previously participated in the court of first instance, - from 80% of the fees provided in section 7.2. . of the present decision;
4. 7.4.Provision of legal assistance to performers of entrepreneurial activity:
  1. 7.4.1.- Russian individuals on a monthly basis - from 15,000 rubles;
  2. 7.4.2.- Russian legal entities on a monthly basis - from 25,000 rubles;
  3. 7.4.3.- Foreign individuals - from 6500 rubles per one hour of work.

Notes:

The present decision is applied exclusively by the persons having the lawyer status and consisting in the register of lawyers of the Astrakhan region, and is not the basis for determining the cost of legal services to other persons.
The fee for property disputes can be defined at a rate of 10-20% of the amount of property claims.
If the complexity of the case (participation in the case of more than one defendant or more than one defendant, or other persons; participation in the court, associated with the departing to another populated locality; cases in which earlier decisions were cancelled with the commitment to a new consideration; cases in which different expertise were performed: Other grounds for complexity, established by agreement of the Parties), the fee may be increased by 50 and more percent.
The complexity of the criminal case - the case against three or more suspects, accused persons, defendants; in the case of charges of three or more crimes; given the volume of materials is more than three volumes: considered in the circuit court or related to the lawyer's departure to another populated locality; other grounds of complexity, established by agreement of the parties.
With due regard to the provisions of paragraph 7 of article 49 of the RF CCP, the payment on daily basis of work in the criminal proceedings may be made, given the continuing of the participation of the defender for more than two months, with the participation of a lawyer in the procedural checks before the institution of criminal proceedings, as well as in the presentation of the lawyer of the interests of the witness, the victim.
Under the program "family lawyer" (item 6.2 of the present decision), the volume of legal assistance is determined by agreement of the parties.
With long-term, over one month, provision of legal assistance, the certificate of completion is signed by the lawyer and the Principal in a course of a month by the fact of legal assistance provided during the month.

The President of the

The Chamber of Lawyers of

The Astrakhan region V.N. Malinovskaya

prays