Adjudication of the Constitutional Court about article 59th of RAPC and article 2nd of ALPL

On the 16th of July, 2004 the Constitutional Court of Russian Federation issued the Resolution № 15-P. This document reviews the accordance of rules which contain in article 59th of Russian Arbitration Procedural Code and article 2nd of Advocacy and Legal Practice Law with the rules of Constitution. According to these norms, only its head, staff, or advocates could represent the interests of incorporated persons in arbitration court.

The Constitutional Court adjudicated these rules of legislation to be non-conformity to the Russian Constitution and violation of the arbitrational court’s principle of equality.

In other words, nowadays incorporated persons are allowed to chose the practicing lawyers or any other persons (not only advocates, head or staff of organizations as it was before) as their representatives in arbitrational court.