Commentary by the President of the International Association of Russian Advocates Karinna Moskalenko on the Constitutionality of Deprivation of Lawyer (Advocate) Status due to Residence Abroad

The provision stipulating that a Russian attorney may be deprived of their professional status for residing abroad for more than one year is manifestly unconstitutional. 

Disbarment may only be imposed on the basis of a proven disciplinary offense, committed with fault and established in accordance with the procedure prescribed by law. However, the mere fact of residing abroad does not constitute any form of wrongdoing — disciplinary or otherwise.The legal nature of this circumstance is not delictual, as it involves no fault, misconduct, or breach of professional duty.

The very fact that such a matter is being examined by a Qualification Commission within a disciplinary procedure is a legal absurdity, contrary both to the letter and to the spirit of the law, as well as to the fundamental principles of disciplinary liability.