Features of the Production of Certain Proceeding Actionsin Respect of Lawyers
- 作者: Lukyanov E.V.1,2
-
隶属关系:
- All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
- the International Bar Association of the city of Moscow "Pochuev, Zelgin and Partners"
- 期: 卷 15, 编号 5 (2022)
- 页面: 437-443
- 栏目: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531775
- ID: 531775
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详细
Purpose of the study. The article discusses the features of the production of certain investigative and other procedural actions against lawyers, the specifics of which were not reflected in the provisions of Ch. 52 Code of Criminal Procedure of the Russian Federation. The purpose of the study is to establish the specifics of the detention of lawyers, the presentation of charges, the production of other investigative actions in the home and office of lawyers, in addition to inspection, seizure and search. Conclusions. As a result of the study, the author comes to the conclusion that it is inappropriate to introduce additional special requirements for the detention of a lawyer on suspicion of committing a crime. After analyzing the specifics of involving a lawyer as an accused, the author proposes to provide for the grounds for granting the status of a suspect to a decision on recognition as a suspect; in relation to a lawyer, it should be made by the head of the investigative body of the Investigative Committee of the Russian Federation for the constituent entity of the Russian Federation on the basis of the prosecutor’s conclusion on the presence of signs of a crime in actions of a lawyer. In order to resolve the issue of the specifics of the conduct of investigative actions in the dwelling and office premises of a lawyer, in addition to inspection, search and seizure, a proposal is made to legislatively provide for the need to produce in court permission to conduct any investigative actions in the dwelling.
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作者简介
Evgeny Lukyanov
All-Russian State University of Justice (RPA of the Ministry of Justice of Russia); the International Bar Association of the city of Moscow "Pochuev, Zelgin and Partners"
Email: levlawyer77@gmail.com
post-graduate student; lawyer Moscow, Russia
参考
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- Rossinsky S.B. Detention of a Suspect: Constitutional and Intersectoral Approach: Monograph. - Moscow: Prospekt, 2019. - 192 p.
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- Determination of the Constitutional Court of the Russian Federation dated 06.07.2010 No. 911-O-O1 “On the refusal to accept for consideration the complaint of citizen Kiyatov Nikolay Anatolyevich about the violation of his constitutional rights by the provisions of Article 194 of the Criminal Code of the Russian Federation” // SPS “Garant-Maximum”.
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