Features of the Production of the Execution in Regard to the Attorney
- Authors: Lukyanov E.V.1,2
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Affiliations:
- International Bar Association of the city of Moscow «Pochuev, Zelgin and Partners»
- All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
- Issue: Vol 18, No 4 (2022)
- Pages: 136-140
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/531953
- ID: 531953
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Abstract
Purpose of the study. The article discusses the features of the seizure in relation to lawyers. Devoted to the specifics of the inspection, search and seizure of lawyers, Art. 450.1 of the Criminal Procedure Code of the Russian Federation does not fully disclose the features of the seizure, since it generally regulates several investigative actions. The purpose of the study is to determine the features of the seizure of lawyers in various situations, determined by the status of this person. Conclusions. The author found that the main problems associated with the seizure of lawyers stem from the general problems in the production of this investigative action, related to the imperfection of Art. 183 of the Code of Criminal Procedure of the Russian Federation, therefore, first of all, their decision will contribute to the improvement of the seizure made in relation to lawyers. Recommendations have been developed to give preference to a search instead of a seizure, when there is no clear confidence in the location of items and documents to be seized. A proposal has been made to legally distinguish between the requirements for the seizure of a lawyer who is subject to criminal prosecution, and in other cases when the investigation is not conducted against a lawyer.
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About the authors
Evgeny V. Lukyanov
International Bar Association of the city of Moscow «Pochuev, Zelgin and Partners»; All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
Email: levlawyer77@gmail.com
lawyer; post-graduate student Moscow, Russian Federation
References
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- Ermakov S.V. Seizure: Grounds and Procedure for Proceedings // Criminal Proceedings: Current State and Development Strategy. materials of the international scientific-practical conference. Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikotya. 2017. P. 43.
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