A member of REP trade union Elena Shendyukova appealed to the court to seek legal advice with a number 2 Vitebsk and Vitebsk Regional Bar Association , one million rubles for moral damage. The reason for this unprecedented action was the refusal of the lawyer Natalia Stankiewicz in the provision of legal aid activist and the position of Deputy Vitebsk Regional Bar Association Helena Barashkova that called Mrs. Shendyukovu opt out of the consideration of the civil trial.
Marked the beginning of the conflict the judge's ruling Railway district court of Vitebsk Svetlana Vorotynskaya made during the trial of a civil case. The judge Vorotynskaya ordered Elena Shendyukova seek legal advice in number 2 is to hire a lawyer to conduct its case in court.
Obeying this definition, trade union activist in yurkonsultatsii entered into an agreement with a lawyer Natalia Stankiewicz. Lawyer set to work, access to the file, and then... did not appear on any one trial. For this reason, the trial of Shendyukova postponed several times and, in the end, the case was heard without a lawyer for the plaintiff with a negative result.
Repeated appeals to the head of the legal advice number 2 Tatiana Tkachenok concerned to ensure the attendance of counsel Stankiewicz to court and get the latest to fulfill their professional duties, have failed. Deputy Vitebsk Regional Bar Barashkova Elena came to the defense attorney Stankevich. She stated that the lawyer has the legal right to withdraw from the case, if you do not see the prospects of the claims of the client.
Chairman of the Vitebsk Oblast Bar Alina Puzhevich where Shendyukova complained about the actions of its employees, said flatly: "a lawyer's professional responsibilities are fulfilled. Violations of the rules of professional attorney is not permitted . The grounds for the application of measures against a lawyer is not available."
Trade union activist, believes that their inaction lawyers violated her right to counsel. She relied on Article 62 of the Constitution, which stipulates that "everyone has the right to legal assistance for the exercise and protection of their rights and freedoms, including the right to use at any time by lawyers and other representatives in court...".
After a three-month paper with litigation lawyers Elena Shendyukova decided to look for justice in the court and filed a lawsuit in which she asked to compensate for moral damage caused by the lawyer's refusal to fulfill their professional duties. However, contrary to the requirements of procedural law at the first session of the trial lawyers, the defendants did not come.
Curiously, to represent the interests of Mrs. Shendyukova in court on this case and was not a defender. All lawyers refused to defend as a trade union activist, referring to corporate solidarity.
