Accompaniment

Organisational accompaniment of a private person

The distinctive feature of “The Kremlin House of Justice” is a concierge line: it helps a private person not only to reach an advocate, but also to carry out personal and household instructions that are not themselves legal assistance.

Purpose of the concierge line

The concierge line is organisational accompaniment of a private person’s instructions: receiving the task, clarifying lawfulness, selecting a performer, agreeing a time-limit and giving notice of progress. It is a contract for services for consideration (or an intermediary contract) with the operator or with an engaged performer — not an agreement on the provision of legal assistance.

The concierge does not give a legal position on a case, does not replace defence counsel and does not use advocate’s secrecy as a cover for household instructions. If the task requires an advocate — the enquiry is directed to the advocate-selection contour.

Chapter 39 of the Civil Code of the Russian Federation — contracts for services for consideration; Chapters 49, 51 and 52 — mandate, commission and agency, depending on the actual model. The Advocacy Law does not apply to the concierge line while it does not practise advocacy.

Which instructions may be accepted

The list is not closed. Instructions are accepted if they are not prohibited by law, do not circumvent the regime of public authorities and do not create the appearance of the operator’s participation in unlawful activity. Typical groups are as follows.

  • selection and accompaniment of transactions in immovable property (viewings, collection of open particulars, arranging a meeting of the parties) — without substituting a real-estate licence where one is required, and without a legal opinion unless an advocate is engaged;
  • purchase and sale of jewellery through verifiable counterparties, having regard to legislation on precious metals and stones and identification requirements;
  • personal protection and accompaniment — only through organisations licensed for private security activity;
  • search for and ordering of gifts, household logistics, transport and accompaniment on a journey;
  • an approach to a detective bureau — only to licensed subjects of private detective activity; collection of information — within the Law of the Russian Federation No. 2487-I of 11 March 1992;
  • other personal and household tasks, if lawful and executable.

Law of the Russian Federation No. 2487-I of 11 March 1992 on private detective and security activity — licences and prohibited methods. Federal Law No. 41-FZ of 26 March 1998 on precious metals and precious stones. Federal Law No. 218-FZ of 13 July 2015 on state registration of real-estate rights.

What the concierge line will not perform

Instructions aimed at concealing property from enforcement, circumventing court interim measures, interfering with the administration of justice, pressuring witnesses, unlawful dealing in weapons or narcotic drugs, arranging a provocation, or obtaining information by methods forbidden to a private detective will not be performed.

“Resolving a matter” with an official outside the established procedure will not be performed. A refusal is reasoned by reference to a statutory prohibition, without detailing methods of circumvention.

The Criminal Code of the Russian Federation: obstruction of justice, bribery, unlawful trafficking. Article 17 of the Law on private detective and security activity — prohibited acts of a detective.

Relation to the advocate and separation of contracts

A private person may have one responsible concierge in the cabinet and several advocates on different matters. Concierge instructions do not form part of the agreement on legal assistance unless the parties expressly include organisational acts in the agreement with the advocate — which is generally inexpedient.

Payment for organisational services and the advocate’s fee are accounted for separately. Mixing them creates a risk in the characterisation of expenses and destroys clarity of the mandate.

Performers and liability

The concierge may engage a third party. Liability for the quality of security, detective, real-estate and transport services lies with the performer who has the necessary legal capacity and licence. The operator is liable for selection of the performer and for organisation of the instruction within the contract with the private person — unless otherwise agreed.

Foreign instructions (a transaction outside the Russian Federation, protection abroad) are performed only where there is a lawful possibility in the relevant jurisdiction; the operator does not promise application of Russian advocate status abroad.

Request an organisational instruction

Describe a lawful task, the time-limit and the city. The concierge will say whether the instruction is executable and whether a separate contract with a performer is required.