Rights and Movement: Moscow Lawyer Urges Careful Approach to Expatriate Legal Status

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A senior figure from Moscow’s civic scene, Dmitry Krasnov, who sits in the Public Chamber of the City and is widely recognized as an honorary lawyer of Russia, stated that the idea of stripping lawyers of their professional status simply because they left the country runs counter to the constitution. He conveyed this to the Public News Service, stressing that the constitution prohibits discrimination on nationality, religion, or profession, and that the proposed measure would violate basic rights laid out in the nation’s basic law.

According to Krasnov, the proposed initiative would curtail the rights and freedoms of lawyers and limit their ability to practice or advocate on behalf of clients. His concerns centered on how this would affect legal professionals who pursue opportunities outside the Russian Federation while continuing to serve citizens and companies connected to Russia.

He cited Part 2 of Article 27 of the Basic Law of the Russian Federation, which guarantees freedom of movement within the country and abroad, unless a court has specifically restricted a person from traveling. Krasnov reminded listeners that lawyers living overseas often defend the interests of Russian citizens and enterprises in foreign jurisdictions, sometimes dealing with cross border disputes, regulatory questions, and international contracts. He pointed out that these professionals may operate under different legal systems, yet their work remains a crucial bridge for clients who rely on consistent legal support across borders.

Nevertheless, Krasnov admitted that he did not see any clear danger posed by lawyers who reside outside Russia. He argued that clear explanations were needed in this area and warned against drawing broad conclusions about the role or intentions of lawyers who spend extended periods abroad. He underscored that lawyers are not state servants and do not hold positions that grant access to state secrets. Their vocation rests on independent professional ethics, a solid legal education, and the bar examination that certifies their eligibility to practice law.

He noted that lawyers operating outside Russia do so as private professionals, often funded by private means or their own clients, and not by the state. This distinction, he argued, should be preserved to ensure that legal counsel remains accessible to both individuals and businesses who rely on diverse channels for legal representation. He also stressed that a blanket removal of professional status would send a chilling signal to the legal community, potentially chilling diasporic engagement and legal aid across borders that could benefit citizens seeking justice and fair treatment under foreign laws.

Recent public statements from the government have indicated an interest in altering the status of lawyers who have left the country. A recent day’s discussion highlighted a proposed amendment to the law governing the bar, known informally as the Bar Law. It was clarified that this change would not apply to those who leave Russia for essential reasons such as medical treatment, education, or accompanying family members. In other scenarios, a valid justification might be required to maintain certain rights tied to professional practice.

Within government circles, those who support the change argue that continuing to grant full professional status to long term expatriate lawyers could complicate oversight and accountability. However, Krasnov’s position emphasizes a careful balancing of rights and responsibilities, noting that the bar’s integrity depends on independent practice, transparent standards, and adherence to professional ethics rather than on residence alone. He called for precise criteria and well defined rules that distinguish temporary travel or study abroad from permanent relocation, and he urged lawmakers to weigh the impact on clients who rely on qualified representation regardless of geographical location.

The discussion also touched on safeguards for clients, including mechanisms for emergency representation and the timely transfer of ongoing matters when a lawyer relocates. Krasnov suggested that clear guidelines would help preserve access to competent legal counsel while ensuring that confidentiality and professional obligations are maintained. He argued that a well structured approach could support both domestic and international legal work, fostering cooperation between Russian lawyers abroad and the broader domestic legal community.

In sum, Krasnov urged a measured approach to any reforms affecting lawyers who live outside Russia. He asserted that rights tied to movement and profession are fundamental, and that changes should be rooted in concrete evidence and carefully crafted rules rather than broad, punitive measures. The emphasis, he said, should be on protecting the independence and integrity of legal practice while ensuring that the public continues to receive high quality representation inside and outside the country. The conversation, he added, should include input from judges, bar associations, and practicing lawyers, all of whom can help frame practical solutions that respect international practice and national law alike.

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