Anastasia Rastorgueva lawyer biography. Managing Partner Rastorgueva Anastasia Alekseevna. Anastasia Rastorgueva lawyer

Academic degree
PhD in Law

Education
Academy of National Economy under the Government of the Russian Federation (Faculty of Law named after M.M. Speransky).

Career
Practicing lawyer.
Headed the Civil Law Department since 2013.
Since 2016 he has been a Partner of the Board.

Provides legal assistance in pre-trial settlement and mediation, represents clients in litigation, provides full legal support for clients and prepares legal documents. He has a successful experience in representing the interests of clients in the Constitutional Court Russian Federation and the Supreme Court of the Russian Federation.

Anastasia's area of practice includes family law, civil law, corporate law, intellectual property law, cases to protect honor, dignity and business reputation.

The authoritative international directory Global Law Experts recommends Anastasia Rastorguyeva as an expert in the field of Family Law.

Teaching activity

Anastasia Rastorguyeva is a lecturer at the Moscow City University of Management of the Government of Moscow, teaches the following courses: "Intellectual Property", "Inheritance Law", "Civil Law: General Part".

Publications

The rights of spouses to objects of intellectual rights and their material carriers created and acquired during the marriage, publishing house: Direct-Media,

Division of property between spouses and heirs: legal aspects, publishing house: Editorial Board of Rossiyskaya Gazeta,

one of the authors of the collective monograph: The Legal Fate of Business in Divorce and Inheritance, publishing house: Prospect, and also participates in the preparation of expert articles and columns for scientific and practical professional publications, provides comments for leading business and specialized media.

- The regime of property of spouses in relation to material carriers in which the results are embodied intellectual activity.

- The division of property, which includes the exclusive right, between the heirs.

– Exclusive rights to the results of intellectual activity and equated means of individualization as property acquired by spouses during marriage.

- Some features of determining shares in the division of the common property of the spouses.

- Agreement on the division of the common property of the spouses.

- Property to be divided between spouses, etc.

In Russia, May 31 is the Day of Advocacy. This holiday was established in 2005 by the Second All-Russian Congress of Lawyers to commemorate the date of the adoption of the law governing their activities. This year the Russian Bar Association turns 15 years old. In connection with this event, Pravo.ru spoke with Anastasia Rastorguyeva, partner of the Moscow City Agency " Barshchevsky & Partners".

In your opinion, what additional guarantees of independence do lawyers lack when they perform official duties?

Guarantees of independence are not enough for judges. Lawyers, on the other hand, lack the shift in the degree of the accusatory bias at least a little to the side " right angle". Then the petitions of the defense side would be more often satisfied and, in general, they would listen to it more carefully.

How do you think the status of this profession has changed over the years?

It is becoming increasingly blurred, especially in economic disputes. It is not clear to the lawyer himself why it is necessary to obtain the status of a lawyer if he does not plan to defend in criminal cases.

Tell us about your first memorable case.

At the beginning of my practice in the matter of determining the place of residence of a child, I represented the interests of a father who would like his ten-year-old daughter to live with him after the dissolution of the marriage. After a long trial, when the judge left for a decision, the ex-wife's lawyer told me: "You should speak in front of the jury, oratory is useless in ordinary trials, anyway, the decision will be the same as the practice develops." And indeed, the judge came out, announced the decision by which she left her daughter with her mother. After the announcement, the judge told me: "As a human being, I am on your side, but I cannot make another decision." For a while, I couldn't figure out what was going on. If the judge agrees with me, why is the decision not in my favor...

What skills does a lawyer need to be successful?

The ability to communicate with people (both clients and opponents, colleagues, etc.), professionalism (continuous professional development), confidence in one's position and the ability to bring one's arguments to court.

Your congratulations to the readers of "Pravo.ru" in connection with the upcoming holiday.

Congratulations to lawyers and future lawyers! And for those who are still thinking, perhaps understanding the nobility and social significance of the profession will help.

Since September 2017, Anastasia Rastorgueva has been a teacher of the course " Actual problems Civil Law” at the Moscow City University of Management of the Government of Moscow.

Anastasia Rastorgueva participates in the preparation of expert articles and columns for scientific and practical professional publications, provides comments for leading business and specialized media.

The division of property, which includes the exclusive right, between the heirs.

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Exclusive rights to the results of intellectual activity and equated means of individualization as property acquired by spouses during marriage.

Some features of determining shares in the division of the common property of spouses.

Agreement on the division of the common property of the spouses.

Property to be divided between spouses.

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Rastorgueva Anastasia Alekseevna

Basic data:

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Anastasia Rastorgueva lawyer

Barshchevsky & Partners Moscow Bar Association

Languages

Specialization and interests

upcoming
past

criminal record (7)
suffrage (52)
State Duma of the Russian Federation (116)
elections (83)
Power (7)
red tape (5)
SIZO (7)

Protection (27)
accusation (6)
guard (2)
Supreme Court of the Russian Federation (466)
shares (26)
donation (32)
void deal (2)

motherhood (3)
paternity (7)
surrogacy (10)
Plenum of the Supreme Court (4)
presidium (9)

SIZO (7)
Supreme Court of the Russian Federation (466)
elections (83)
suffrage (52)
void deal (2)
State Duma of the Russian Federation (116)

donation (32)
Protection (27)
presidium (9)
shares (26)
criminal record (7)
surrogacy (10)
Plenum of the Supreme Court (4)

motherhood (3)
paternity (7)
joint property of spouses (1)
guard (2)
accusation (6)
red tape (5)

State Duma of the Russian Federation (116)
Supreme Court of the Russian Federation (466)
elections (83)
suffrage (52)
donation (32)
presidium (9)
shares (26)

SIZO (7)
division of common property of spouses (23)
surrogacy (10)
Power (7)
red tape (5)
Protection (27)
paternity (7)

accusation (6)
criminal record (7)
guard (2)
void deal (2)
joint property of spouses (1)
motherhood (3)

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Rastorgueva Anastasia Georgievna

Practice

Civil law
inheritance law
Intellectual property
Family law

Provides legal assistance in pre-trial settlement and mediation, represents clients in litigation, provides full legal support for clients and prepares legal documents. He has a successful experience in representing clients in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

Free legal advice:

Anastasia's area of practice includes family law, civil law, corporate law, intellectual property law, cases to protect honor, dignity and business reputation.

Education - Academy of National Economy under the Government of the Russian Federation (Faculty of Law named after M.M. Speransky). Career - Practicing lawyer. Headed the Civil Law Department since 2013. Since 2016 he has been a Partner of the Board.

Publications Anastasia participates in the preparation of expert articles and columns for scientific and practical professional publications, provides comments for leading business and specialized media.

Exclusive rights to the results of intellectual activity and equated means of individualization as property acquired by spouses during marriage.
Some features of determining shares in the division of the common property of spouses.
Agreement on the division of the common property of the spouses.
Property to be divided between spouses and others.

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The path of a lawyer - where does it begin?

On May 31, the legal community celebrates its professional holiday- Day of the Russian Bar (Resolution No. 4 of the Second All-Russian Congress of Lawyers of April 8, 2005). It was on this day 15 years ago that the Federal Law of May 31, 2002 No. 63-FZ “On Advocacy and the Bar in the Russian Federation” (hereinafter referred to as the Law on the Bar) was adopted.

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On the eve of their holiday, experienced lawyers told the GARANT.RU portal how their professional path began, what mistakes novice lawyers can make, how to minimize their consequences, how to look for first clients, and what to focus on when determining the amount of remuneration for their work at the beginning of a career. Advice can be useful for both beginners and experienced lawyers who decide to change their field of activity.

Career start and qualifying exam

Based on the provisions of the law, a law graduate who has worked in the specialty for two years can acquire the status of a lawyer. Education must be obtained in a state-accredited program, and as an alternative, the candidate is allowed to have a degree in law (clause 1, article 9 of the law on the bar). You can get a lawyer's license in a shorter time. To do this, you can get a trainee in a lawyer's education. The term of the internship in this case is from one to two years (clause 1, article 28 of the Law on the Bar).

However, in practice, people come to the bar in other ways. Moreover, according to Yulia Komissarova, a lawyer at the Komissarov & Partners Bar Association, a very small number of lawyers, having no experience, immediately start working as an assistant or trainee lawyer - about 90% of specialists came to the profession from another area of jurisprudence. It is not uncommon for former investigators and law enforcement officials to become advocates, and they are well versed in the specifics of criminal cases. Not less often come into the profession from government agencies, former judges become lawyers. Of course, one can also get into the legal profession from legal consulting, however, some of the practitioners consider obtaining the status of a lawyer as a PR move and an opportunity to attract more clients, Yulia Komissarova believes.

Sometimes having experience in another field helps you find your niche in law. Elena Boytsova, Chairman of the Bar Association "Center for Legal Expertises", said that her colleague-lawyer, having received the first higher education in medical school now doing business with ease medical organizations because he knows the industry from the inside. And her other colleague, who has experience military service specializes in military law. AT individual cases the choice of profession is predetermined in advance - lawyer Yulia Verbitskaya knows many hereditary lawyers who were trained and brought to the bar by their parents or close relatives.

To acquire the status of a lawyer with education and the necessary experience, a candidate must pass a qualifying exam. It consists of computer testing and oral interview(paragraph 1, clause 2.2 of the Regulations on the procedure for passing the qualification exam for conferring the status of a lawyer; hereinafter referred to as the Regulations). The list of questions was approved by the Council of the FPA of the Russian Federation and includes such sections as the history of the Russian legal profession, the basics of the status of a lawyer, professional ethics, as well as issues from the sphere of civil, criminal, labor, family, procedural, tax and international law and a number of other areas. Any questions from the approved list (paragraph 3, clause 2.2 of the Regulations) can be found in the examination ticket. It is easy to guess that the applicant must have knowledge in all of these areas, regardless of the area in which he is going to specialize.

That is why, when preparing for the exam, most professionals who have already passed the test are advised to pay more attention to issues that the applicant has rarely encountered in practice. Along with this, Denis Pogulyaev, the lawyer of the Moscow City Civil Aviation Committee “Mistyukov, Pogulyaev, Vanatsky”, recommends studying not only theoretical basis(doctrine), but also judicial practice - it is especially important to understand this for those candidates who have not yet received practice in court. But you should not forget about the legislation either - for example, according to the experience of Yulia Verbitskaya, in the test part of the exam, “tricky” questions on knowledge of the law on advocacy can be caught. “Read the law carefully and pay attention to the wording and use of terms, as well as their literal interpretation,” advises the lawyer. In addition, according to Yulia Komissarova, it would be useful to get acquainted with the lectures of the luminaries of jurisprudence.

Interns and paralegals may have some training advantage. Anastasia Rastorguyeva, a partner at the Barshchevsky & Partners Moscow Bar Association, said that senior colleagues deal with a group of applicants for the status of a lawyer in her bar, and some experts deal with criminal law issues, others with civil law, and so on.

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First clients, first mistakes

If the qualification exam is successfully passed, the applicant is granted the status of a lawyer from the day of taking the oath (Article 13 of the Law on Advocacy). From the point of view of the law, a newly minted specialist can then start working, but in practice, a novice lawyer will inevitably have a number of questions. Where to look for the first customers is one of them.

What five conditions must necessarily be included in the agreement between the principal and the lawyer? The answer is in the Home Legal Encyclopedia of the Internet version of the GARANT system.

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The opinions of experts on whether it is worth attracting acquaintances and friends as first clients, or whether it is better to look for trustees outside the close circle of friends, are divided. Some believe that work and friendships are incompatible. “If there is a desire to remain friends, then it is better to look for trustees on the side. Just like you can’t do medical operations to your loved ones, the correct calculation is mixed with fear and awkwardness,” Anastasia Rastorguyeva gave an example. With friends, according to Yulia Verbitskaya, there may be difficulties in determining the amount of the fee.

At the same time, experts recommend even with close people to build relationships according to the “lawyer-client” scheme. Berkshire Advisory Group partner Sergey Kopeikin considers it necessary in each case to conclude a formalized agreement, according to which the parties assume certain functions and obligations. Moreover, in this case, it does not matter whether the first process is with a lawyer, or he already has an established practice.

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It seems that lawyers starting their professional career will inevitably encounter professional mistakes - this is quite natural. A beginner should prepare for the fact that his work will be carefully evaluated and the highest demands placed on it. It is important that in similar situations the novice specialist was able not to lose his composure and quickly correct the defect.

Elena Boytsova and Sergey Kopeikin agreed that a novice specialist may be hindered by excessive self-confidence, because lawyers who have it tend to overestimate their strengths and, therefore, study the case insufficiently in detail. There are several ways out of this situation - Boitsova recommends to start by “removing the crown” and focusing on studying judicial practice. It would be useful to listen to the advice of more experienced colleagues, you can attend court hearings with their participation, you need to notice the peculiarities of their behavior, and thus gain knowledge and confidence. And Sergei Kopeikin advises along with this to choose a specialization - the branch of law that you like, and plunge into this area with your head.

Mistakes often occur in relationships with the principal. Yulia Komissarova urges to be as specific as possible and to prescribe in the agreement the scope of actions to be carried out by the lawyer so as not to mislead the client. Along with this, Denis Pogulyaev recommends concluding agreements with principals only being unambiguously sure that the lawyer will not be overloaded, and the new case will not interfere with the conduct of others.

Experts also consider an unscrupulous approach to procedural norms and documents to be serious shortcomings. It is necessary to monitor the course of the limitation periods and, in general, be extremely attentive to the procedural deadlines, because their omission entails a refusal to satisfy the requirements. Procedural documents should also be approached responsibly, they should be short, clear and simple. “Judges of arbitration courts (and, I think, of all other courts) really do not like procedural documents on several dozen pages. Your requirements must be clear, understandable and justified. In this case, you have every chance of success,” Yulia Verbitskaya shared her secret. Among the mistakes, professional practitioners also name the appointment of an examination and the posing of questions to experts without prior consultation with a specialist.

It can be assumed that a significant number of these mistakes a young lawyer can avoid if he acts under the guidance of an experienced mentor. Most of the experts who answered the questions of the GARANT.RU portal note that mentoring is widespread in the lawyers' environment, some even call it a worthy tradition. This approach is mutually beneficial - novice specialists grow and develop in their chosen profession, and accomplished lawyers educate their followers. At the same time, in some legal entities, mentoring may be refused if there are fears that the lawyer, on whom they spent time and effort, will move to another professional education and become a competitor for their teachers. That is, in the end, the presence or absence of mentoring practice depends on the specific bar or bureau.

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Difficulties of the profession

Choosing the path of a lawyer, a novice specialist needs to be aware that almost immediately he will have to face hard intellectual work. Sergey Kopeikin considers economic and financial, construction and land law to be the most difficult areas of practical jurisprudence. These areas, according to him, are constantly evolving, since any transformations in the economy entail changes in the law. According to the same principle, Anastasia Rastorguyeva referred tax law to the most labor-intensive areas, noting that it "is changing at the speed of light." And Elena Boytsova would better advise a good specialist in international law than independently begin to delve into all the nuances of this industry. At the same time, according to experts, even in complex cases, if desired, you can find positive aspects - they make you think and develop professionally.

For a lawyer, severe emotional experiences are inevitable. As practitioners note, in criminal cases in which there is a risk that the defendant will be sentenced to real imprisonment, in cases of deprivation of parental rights and determining the order of communication with children, people are immersed in the fate of people. “It would be morally difficult for me to defend a driver who knocked down to death or caused serious bodily harm to a pedestrian, especially a child, woman or an elderly person. In this case, I would personally try to negotiate compensation, if it is possible in this case, that is, to minimize the harm caused to my client,” shared Yulia Verbitskaya.

However, despite the difficulties, young lawyers rarely become disillusioned with the profession to the point of leaving it, as many in the community believe. As a rule, even before obtaining the status, future specialists know what to expect on the chosen path. But individual lawyers may leave the bar not because of disappointment, but for other reasons. For example, if a specialist has not learned how to find clients and could not choose a lawyer's education that would ensure the workload and, consequently, the flow of money, Denis Pogulyaev believes. But, as the practitioners noted, those who decide to leave the bar are free to choose their further path, because everything depends on their desire and perseverance. Already established professionals can take positions of officials or company executives, and besides, consulting is always open to lawyers.

Compensation for work and own practice

Since the work of a lawyer requires high qualifications, as well as large time and emotional costs, the question of its payment inevitably arises. By the way, the amount of the remuneration and the conditions for its payment are among the essential terms of the agreement on the provision of legal assistance (Sub-Clause 3, Clause 4, Article 25 of the Law on the Bar).

It seems that the amount due to a lawyer should be determined based on an adequate assessment of his professionalism. And it is not necessary at the same time that a young lawyer receives little. On the contrary, Elena Boytsova drew attention, a “cheap” specialist raises reasonable doubts - why does he charge so little? If a professional is confident in his knowledge and strength, he can name a high fee, Sergei Kopeikin believes. However, even here a certain restraint should be exercised. Practicing lawyers are advised to take into account the average prices in the market, as well as proceed from the general prices of the lawyer's education in which the specialist works.

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However, the latter factor does not need to be taken into account by a lawyer who has opened his own practice and is no longer dependent on a collegium or bureau. He can probably consider himself a professional and ask for an appropriate fee, since at the present time to establish a lawyer's office to conduct independent activity, only a citizen who has at least five years of experience in advocacy is entitled (clause 1, article 21 of the law on the bar). This provision appeared in the legislation relatively recently, less than a year ago - the changes came into force on June 13, 2016 (clause 6, article 2 of the Federal Law of June 2, 2016 No. 160-FZ "On Amendments to Articles 5.39 and 13.14 of the Code of Administrative Offenses of the Russian Federation and the Federal Law "On Advocacy and the Bar in the Russian Federation").

By the way, not all lawyers consider this rule to be successful. Denis Pogulyaev noted that it is unfair for established lawyers with extensive experience who have decided to get the status of a lawyer. They will not be able to immediately become the founders of the cabinet or the board, since they will have to wait five years, earning the necessary seniority. More fair, according to the expert, would be a differentiated approach that takes into account the duration of professional experience. And Yulia Verbitskaya, on the contrary, believes that the presence of a mandatory five-year experience is the right measure for young lawyers. She called this period optimal for gaining experience and creating her own client base.

Interestingly, not all professionals consider it necessary to open their own practice. Thus, Anastasia Rastorguyeva said that most of her successful fellow lawyers are members of collegiums or bureaus. These forms of legal entities, in her opinion, provide a greater advantage, since you can always consult with colleagues or work together. In addition, independence entails risks - it is possible that the initial client base will not provide sufficient income. In this case, experts recommend foreseeing such a situation in advance and creating a financial reserve for the first time.

Reforming the bar

According to some lawyers, the current legislation, which concerns the legal profession, needs to be adjusted. Regulation of the legal services market can be singled out as one of the directions of the changes they propose. Some experts believe that all lawyers should receive some kind of "permission to the profession." Today, most professionals are not required to take any qualifying examinations, but at the same time can act as a representative in court. But in order to become a lawyer, you need to pass the test, and in the future also follow the law on the bar and the Code of Professional Ethics. According to Denis Pogulyaev, this state of affairs creates an imbalance in the field of legal services.

Some professionals propose to increase the requirements for lawyers as well. So, Sergei Kopeikin believes that the selection to the legal community should become more stringent both professionally and in terms of the personal qualities of the future specialist.

Practitioners have certain claims to the form of lawyer formations. Today, law firms, colleges and legal consultation offices are considered non-profit organizations (clauses 1-2 of article 123.16-2 of the Civil Code). Anastasia Rastorgueva notes that in this regard, the partners have no desire to invest, for example, in the office or other property of the company, since it will remain in the organization itself. The lawyer said that for this reason, some large law firms have to open a commercial structure with the same name. According to other experts, in order to solve such problems, it is necessary to create a form of advocacy similar to commercial organizations. Including it would allow to make transactions with its shares.

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A novice lawyer will have to face many difficulties. But if he is confident in the chosen path, is ready to work hard and conscientiously fulfill his obligations, honor the law and the Code of Professional Ethics, he will undoubtedly become a worthy member of the legal community.

A lawyer now joins a criminal case, but is not allowed to participate in it and has all procedural rights from the moment of joining the case, and not from the moment of admission.

It is not excluded that among these requirements the lawyer's knowledge of the provisions of the Lawyer's Code of Professional Ethics will be determined.

It is established that lawyers have the right to attach any documents to it.

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