Problems of judicial control over investigative actions in relation to a lawyer
- Авторлар: Smolin A.G.1, Shigurov A.V.1
-
Мекемелер:
- Federal State Budgetary Educational Institution of Higher Education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”
- Шығарылым: Том 18, № 3 (2025)
- Беттер: 168-174
- Бөлім: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/687947
- DOI: https://doi.org/10.33693/2072-3164-2025-18-3-168-174
- EDN: https://elibrary.ru/VITAPW
- ID: 687947
Дәйексөз келтіру
Аннотация
Purpose of the study. The practical demand for the institution of judicial review requires the legislator to solve its problems, which include the gaps and inconsistencies of the current legislation in this area, which leads to violations of the rights of participants in criminal proceedings. It is especially important to regulate in detail in the Criminal Procedure Code of the Russian Federation the procedural order of judicial review of investigative actions in relation to a lawyer, since this is a guarantee of the protection of attorney-client privilege. The article examines a number of current problems of legal regulation of preliminary judicial review of investigative actions in relation to a lawyer. Conclusions. The authors propose to exclude from Article 450.1 of the Criminal Procedure Code of the Russian Federation the mandatory condition for conducting an inspection, search, seizure in relation to a lawyer: a criminal case initiated against the lawyer or his/her involvement as an accused. It creates unreasonable obstacles to the seizure of material evidence that is important for the criminal case. At the same time, the article emphasizes the importance of preserving the guarantees of protection of attorney-client privilege arising from the positions of the Constitutional Court of the Russian Federation: mandatory preliminary judicial review, participation of a representative of the Bar Association and restriction of access of participants in investigative actions to attorney proceedings. The article considers the problem of inconsistency in regulating the subject of judicial review of investigative actions carried out in relation to a lawyer in Part 3 of Article 8 of the Federal Law "On Advocacy and the Bar in the Russian Federation" and the Criminal Procedure Code of the Russian Federation. The violations of the rights of a lawyer in this area identified by the authors indicate the need to bring Articles 29, 165 of the Criminal Procedure Code of the Russian Federation in line with the requirements of the above-mentioned law and the legal positions of the Constitutional Court of the Russian Federation.
Негізгі сөздер
Толық мәтін

Авторлар туралы
Andrey Smolin
Federal State Budgetary Educational Institution of Higher Education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”
Хат алмасуға жауапты Автор.
Email: smolag@mail.ru
SPIN-код: 4871-8256
Cand. Sci. (Law), Associate professor of the Department of Criminal Law and Procedure; Sredne-Volzhsky Institute (branch)
Ресей, SaranskAlexander Shigurov
Federal State Budgetary Educational Institution of Higher Education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”
Email: arshigurov@mail.ru
SPIN-код: 6769-0262
Cand. Sci. (Law), Head of the Department of Criminal Law and Procedure; Sredne-Volzhsky Institute (branch)
Ресей, SaranskӘдебиет тізімі
- Melnikov V. Yu., Garaeva T.B. Grounds, conditions and purposes of application of other measures of procedural coercion. Law and practice. 2019. No. 4. Pp. 188–194. (in Rus.).
- Melnikov V. Yu. Violations of criminal procedure legislation and ways to eliminate them: textbook. Vol. 1. Rostov-on-Don, 2024. 548 p.
- Osipov A.V. Features of regulation of grounds for search (seizure) in relation to a lawyer. Legality. 2023. No. 2. Pp. 52–56. (in Rus.).
- Podolny N.A., Kuleshova G.P., Koval E.A., Matyushkina A.V., Podolnaya N.N. Iatro-genic crimes: criminal-legal, criminological and forensic aspects: collective monograph. Moscow, 2020. 208 p.
- Podolny N.A. The right to qualified legal assistance in criminal proceedings. Advocate practice. 2005. No. 4. Pp. 37–38. (in Rus.).
- Ryabinina T.K., Alymov D.V. Inspection of a dwelling, search and seizure in a dwelling: legal and moral aspects. Criminal procedural and forensic problems of the fight against crime: a collection of materials. Orel, 2018. Pp. 175–179. (in Rus.).
- Stelmakh V. Yu. Some aspects of the normative regulation of the production of investigative actions in relation to lawyers. Russian judge. 2022. No. 12. Pp. 10–14. (in Rus.).
- Stelmakh V. Yu. Features of the production of investigative actions in relation to lawyers. Actual problems of Russian law. 2023. Vol. 18. No. 2 (147). Pp. 145–159. (in Rus.).
- Stolyarchuk M.V. Some aspects of the immunity of a lawyer during investigative and operational-search measures. Promising stages of the development of scientific research: theory and practice. Collection of materials of the II International scientific and practical confer-ence. Kemerovo, 2019. Pp. 214–216.
- Khmyrov R.V. Search of a lawyer in urgent cases. Advocacy practice. 2024. No. 1. Pp. 28–32. (in Rus.).
Қосымша файлдар
