For co-performers

Paid listing of particulars of third parties

Particulars of organisations and specialists in related fields may be included in the information system “The Kremlin House of Justice”. Listing is for consideration: the person who wishes to be named pays. This is not selection of an advocate and not legal assistance.

The model: the listed person pays, not the principal for “entry”

The co-performer concludes with the operator a contract for listing of particulars (advertising, informational accompaniment of a card) and pays the sum stipulated. A private person viewing a card does not pay for “access to the list” as a condition of seeing an advocate.

Listing does not mean the operator’s recommendation as a guarantee of the quality of the third party’s service and does not mean that the co-performer “joins an advocates’ formation”. The contract for the co-performer’s service is concluded by the private person with the co-performer.

Federal Law No. 38-FZ of 13 March 2006 on advertising: advertising must be fair and accurate. Advertising of financial services must identify the person providing the service. The Advocacy Law does not convert advertising of a third party into advocacy.

Fields in which listing is admitted

The operator accepts applications for listing in the following fields, where the applicant has the right to carry on the relevant activity:

  • lending — credit institutions and persons entitled to grant loans under banking and microfinance legislation;
  • insurance — insurers entered in the register, with types of insurance stated;
  • financial accompaniment — within licences and admissions;
  • real estate — intermediaries and developers with status disclosed;
  • security — private security organisations with a licence;
  • detective services — licensed private detectives and detective undertakings;
  • premium household and organisational service — if the activity is not prohibited and does not masquerade as legal assistance.

Requirements as to particulars and refusal of listing

The card must contain the name, identification particulars sufficient for verification (without publishing excessive personal data of natural persons), territory, subject-matter of the service and limitations. Formulations such as “we guarantee winning the case”, “we will cash out”, “we will settle it with the court”, or comparison with advocates as “cheaper than counsel” are forbidden.

The operator refuses listing where a licence is required and absent, where there are signs of a pyramid scheme, where a co-performer’s card is mixed with an advocate’s card, or where advertising is inaccurate.

Federal Law No. 395-1 of 2 December 1990 on banks and banking activity; Law of the Russian Federation No. 4015-1 of 27 November 1992 on the organisation of insurance business; Federal Law No. 151-FZ of 2 July 2010 on microfinance activity; Law No. 2487-I — detectives and security.

Dependencies and limits

Listing does not give the co-performer access to advocate’s secrecy or to case materials. Transfer of the principal’s personal data to a co-performer is possible only with separate consent and where necessary to perform an instruction (for example, a contact for viewing a flat).

The operator does not distribute “loan applications” in the same way as enquiries to an advocate: a financial service is not qualified as legal assistance. Mixing the funnels creates a risk of misleading the consumer (Law of the Russian Federation No. 2300-1 of 7 February 1992 on protection of consumers’ rights — as to information about the performer).

The listing contract

Essential terms: period of listing, composition of particulars, price, manner of moderation, grounds for disconnection upon breach of law or inaccuracy. Payment is for listing, not for “the number of contracts the principal concludes” with the co-performer, unless otherwise expressly agreed and not contrary to law.

Foreign co-performers are listed only where there is a lawful possibility of rendering the service in the territory of the Russian Federation, or with a clear reservation that the service is rendered abroad under the law of the relevant state.

Application for listing

State the field, particulars for verification of the right to carry on the activity, and the desired composition of the card. Listing begins after a contract and payment, not “by acquaintance”.