The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development

2021 ◽  
pp. 90
Author(s):  
Petr A. Skoblikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Policy ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Russian Federation ◽  
The Moment ◽  
The Right ◽  
To Receive ◽  
Basic Content

The Constitution of the Russian Federation guarantees each the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge. Every person detained, taken into custody, accused of committing a crime has the right to be assisted by a counsel (a lawyer) from the moment of detention, arrest or indictment, respectively. The article indicates the subjects of providing and receiving qualified legal assistance, reveals the content of the above constitutional provisions, shows how and to what extent they are implemented in the current legislation, what problems arise in the course of law enforcement, and what legal positions are taken by the Constitutional Court of the Russian Federation. At the same time, the author outlines the vectors of improving legal policy, including criminal policy, and also justifies socio-legal and other measures to ensure that the structure of society and the state more fully and accurately comply with the specified provisions of the Constitution of the Russian Federation.

On the issue of the right to provide legal assistance

2017 ◽  
Author(s):  
Лев Бардин ◽  
Lev Bardin
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Good Alternative ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

scholarly journals House Arrest of the Accused (Suspect): Full Isolation and the Right to Walk

2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
House Arrest ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.

scholarly journals Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

2021 ◽  
pp. 17-29
Author(s):  
Elena Zaitseva
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Procedure Code ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

scholarly journals DISCREDITATION OF THE DEFENDER'S WORK AS A PROTECTIVE VERSION: PROCEDURAL AND ETHICAL ASPECT

2017 ◽  
Vol 21 (6) ◽  
pp. 160-172
Author(s):  
I. V. Revina ◽  
I. N. Chebotareva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Profession ◽  
Educational Process ◽  
Point Of View ◽  
Constitutional Court ◽  
Ethical Aspect ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
The Russian Federation

The problem of creating proper safeguards to ensure attorney-client privilege has always attracted the attention of lawyers, as this Institute is the basis of advocacy. The issues of preservation in secret from third parties information notified to the client in confidence to his attorney are solved first of all at the legislative level. Thus, the Russian legislation on advocacy and the legal profession establishes the legal profession as a fundamental basis for the profession of lawyers and also obliges lawyers to enforce it. Paragraraph 1 of Article 8 of the Federal Law of the Russian Federation "On advocacy in the legal profession in the Russian Federation", as well as p. 5 Article 6 of the Code of Professional Ethics of a lawyer determine the subject of the privilege. As a guarantee of its securing p.2 Article 8 of the Law on Advocacy indicates the impossibility of calling a lawyer and his interrogation as a witness about the circumstances that have become known to him in connection with the provision of legal assistance. In accordance with the legal position of the Constitutional Court of the Russian Federation on this issue, expressed in a number of decisions and definitions, the state is obliged to ensure at the legislative level and in law enforcement, such conditions for the exercise by citizens of the right to qualified legal assistance and for effective implementation by lawyers of activities to provide it, under which the citizen has the opportunity to freely disclose to the lawyer confidential information, and the lawyer in turn - the opportunity to prevent its disclosure. At the same time the requirement of confidentiality is the basis of a trust relationship between a lawyer and a client, covers any range of information provided both directly by the client and obtained independently by a lawyer during the provision of legal assistance and it is not limited in time. In the aspect of the above, the question of the possible limits, subjects and grounds for its disclosure, admissible criteria from the point of view of both legal and moral bases is very acute. The article focuses on the importance and relevance to the practice of law Institute attorney-client privilege, allowed its disclosure in light of changes in the existing criminal-procedural legislation, in particular, during the questioning of counsel, previously provided legal assistance in criminal proceedings with the aim of establishing procedural violations of investigative actions with his participation . The authors carry out a comparative analysis of the rules of legal and ethical regulation of this institution; generalize disciplinary practice of lawyer chambers of the subjects of the Russian Federation; emphasize the procedural contradictions in this aspect. The conclusions and proposals made in the work are aimed at improving the current legislation of the Russian Federation and law enforcement practice and can also be used in the educational process.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

scholarly journals Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

2020 ◽  
pp. 13-26
Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev
Keyword(s):  
Russian Federation ◽  
Armed Forces ◽  
Fundamental Principle ◽  
The State ◽  
State Sovereignty ◽  
Federal State ◽  
Constitutional Court ◽  
Potential Threat ◽  
The Russian Federation ◽  
The Right

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation

Analysis of the results of competitions held in 2020 for the right to receive grants from the President of the Russian Federation for state support of young Russian scientists and competitive selection for personal scholarships named after ZH.I. Alferov for young scientists in the field of physics and nanotechnology

2021 ◽  
pp. 44-51
Author(s):  
B.V. Ivanov ◽  
S.V. Kristalinskaya ◽  
E.A. Gladysheva ◽  
D.A. Dobrynin
Keyword(s):  
Russian Federation ◽  
State Support ◽  
Competitive Selection ◽  
Research Areas ◽  
Federal Districts ◽  
The Russian Federation ◽  
Selection For ◽  
Number Of Publications ◽  
The Right ◽  
To Receive

The article presents the results of the analysis of the indicators of the competitions of grants of the President of the Russian Federation held in 2020 for state support of young Russian scientists and competitive selection for receiving personal scholarships named after J.I. Alferov for young scientists in the field of physics and nanotechnology: generalized data on the number of publications of winners, distribution of participants and winners by research areas, federal districts, regions, departments and organizations.

Sign in / Sign up

Export Citation Format

Share Document