Features of Conducting a Search in Relation to a Lawyer
- Authors: Lukyanov E.V.1
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Affiliations:
- Moscow City Law Center Bar Association
- Issue: Vol 17, No 7 (2024)
- Pages: 158-163
- Section: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/677284
- EDN: https://elibrary.ru/UDXQGK
- ID: 677284
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Abstract
The purpose of the study. The article analyzes the specifics of the search in relation to lawyers provided for by the legislation of the Russian Federation. The author pays special attention to the analysis of the practice of consideration by the cassation courts of general jurisdiction of complaints against court decisions made on the legality and validity of the search against a lawyer.
Conclusions. The institution of conducting investigative actions against a lawyer, in particular a search, regulated by the Criminal Procedure Code of the Russian Federation, is endowed with specific features that emphasize the special status of lawyers as carriers of information constituting the subject (content) of attorney-client privilege. In this regard, the legislator established an alternative procedure for conducting a search, providing for the existence of a court decision as its basis.
At the same time, despite the existing guarantees provided to lawyers in order to prevent and impede their professional activities, the legislator remains faced with the task of ensuring the protection of rights in the conduct of investigative actions against such a subject.
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About the authors
Evgeny V. Lukyanov
Moscow City Law Center Bar Association
Author for correspondence.
Email: levlawyer77@gmail.com
SPIN-code: 1541-8210
Lawyer
Russian Federation, MoscowReferences
- Stelmakh V.Yu. Peculiarities of Investigative Proceedings against Lawyers. Actual problems of Russian law. 2023. № 2.
- Bereza Z.M., Siukaeva A.R. Guarantees of Protection of Attorneys’ Rights in Conducting a Search in Residential and Office Premises: Legal Regulation and Practical Application Problems. Advocate’s Practice. 2021. № 3. Pp. 54-60.
- Volosova N.Yu., Zhurkina O.V. Informational Security of Advocacy. Advocate’s Practice. 2018. № 3. Pp. 3-8.
- Grinenko A.V., Ovcharenko E.I. Attorney Participation in Criminal Proceedings: Genesis and the Modern Times. Advocate’s Practice. 2018. № 2. Pp. 24-29.
- Myltsyn D.A. Problems of Exercising of Attorney's Rights within the Framework of Performance of Search of an Attorney and Possible Solutions. Advocate’s Practice. 2022. № 2. Pp. 51-55.
- Osipov A.V. Specifics of the regulation of the grounds for a search (seizure) in relation to a lawyer. Legality. 2023. № 2. Pp. 52-56.
- Sementsov V.A. Novelties of the law on the conduct of investigative actions on a court decision // Modern criminal procedure law of Russia - lessons of history and problems of further reform: A collection of materials / Editorial board: A.V. Grishin et al. Orel: ORYUI of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov, 2017. P. 10.
- Smolkova I.V., Gavrilova E.A. Features of the production of individual investigative actions against a lawyer. Siberian criminal procedural and criminalistic readings. 2020. № 3 (29). Pp. 35-46.
- Stelmakh V. Yu. Some Aspects of Statutory Regulation of Carrying out of Investigative Actions in Respect of Attorneys. A Russian judge. 2022. № 12.
- Khmyrov R.V. Authorities of a Representative of a Chamber of Lawyers in Criminal Proceedings. Advocate’s Practice. 2022. № 2. Pp. 12-15.
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