Features of Conducting a Search in Relation to a Lawyer

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.