A Lawyer's Request is a Means of Exercising the Professional Right of a Lawyer-Defender to Collect Information Necessary to Provide Legal Assistance in a Criminal Case
- Authors: Sukhova O.A.1,2
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Affiliations:
- National research Ogarev Mordovian State University
- Advocatory chamber of Republic of Mordovia
- Issue: Vol 14, No 7 (2021)
- Pages: 191-204
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531402
- ID: 531402
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Abstract
The purpose of this article is the author's desire to show the imperfection of the legal regulation of the professional right of a lawyer to collect information necessary to provide legal assistance to the principal through a lawyer's request, to reveal the problems of the implementation of this right by a lawyer-defender in criminal proceedings due to its insufficient provision with the necessary legal guarantees, as well as to propose the most optimal variant of legislative regulation of the details of a lawyer's request, the timing and procedure for providing information on it, which is necessary for a lawyer's request to be a truly effective means of providing qualified legal assistance. In accordance with this goal, the author of the article comes to conclusions about the need at the legislative level to strengthen the guarantees of this professional right of a lawyer, including to provide for administrative liability for providing incomplete information on a lawyer's request, to legislate a more severe sanction of Article 5.39 of the Administrative Code of the Russian Federation, to shorten the time for providing information on a lawyer's request, to provide for the possibility in Russian criminal proceedings for a lawyer-defender to obtain information through a lawyer's request, access to which is restricted. The article notes the need to regulate the form and content of a lawyer's request, the procedure for its registration, prohibitions for subjects responding to a lawyer's request, precisely at the level of the federal legislation of the Russian Federation, in order to exclude possible abuse of the right to refuse to provide information requested by a lawyer from these subjects. According to the author, strengthening the guarantees of the professional right of a defense lawyer to obtain information to protect the rights and legitimate interests of the principal will allow equating a lawyer's request to the request of state bodies (their officials) responsible for criminal proceedings.
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About the authors
Olga Alekseevna Sukhova
National research Ogarev Mordovian State University; Advocatory chamber of Republic of Mordovia
Email: o_a_suhova@mail.ru
Cand.Sci.(Law), Associate Professor, associate professor of the Department of criminal process, justice and prosecutorial supervision; advocate Saransk, Russia
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