Typical Mistakes Made by Defense Attorneys in Application of Criminal Law at Qualification by Crime Object and Subject

Analyzing the current legal situation in Russia, the author comes to the conclusion that in the field of qualification of crimes there are not enough acts of official interpretation of the norms of the criminal law and there is no unified approach to understanding the basic concepts and rules of legal assessment. These circumstances directly affect the effectiveness of the criminal law and affect the accuracy of legal qualifications. The article examines the typical mistakes of defense lawyers in the application of the criminal law when qualifying for the object and subject of the crime.

On Some Issues on the Pre-Trial Investigation Stage

The article is devoted to the analysis of a complex of problems associated with cases of psychological violence against suspects, accused for the purpose of obtaining confessions from them. The paper highlights the connection of this problem with the problems meet almost every application of bodies of inquiry, investigation courts, excessive stiffness of selected preventive measures, lack of rule of law by the prosecution during the preliminary investigation and participation in the restoration of violated rights of the defendants and low-level work of lawyers for the protection of violated rights of their clients. The author comes to the conclusion that the greatest problem in the field of protection of the rights and freedoms of both the suspect and the accused is the complexity of countering criminal prosecution, the procedural purpose of which is to obtain an accusatory result.

Nuances of the Attorney's Speech for the Defense

The article discusses the nuances of the defense speech of a lawyer. Building a competent, defensive speech is a difficult job, which helps to exclude possible errors when passing a sentence. Special attention is paid to the need to provide in the code requirements for defence, as well as familiarizing with the case in writing.

Ethics of Interaction between an Investigator and an Attorney

The article examines the problem of interaction between an investigator and a lawyer from a new perspective — professional ethics. The methodological basis is the method of behavioral research in law. The empirical basis of the study is the results of a survey of employees of the Investigative Committee of the Russian Federation on ethics in the interaction of investigators and lawyers. The article examines the reasons for unethical behavior of lawyers in relation to investigators, and offers recommendations for preventing such behavior.

Electronic Criminal Case File in the Epoch of Digitalization

The article is devoted to the creation of an electronic dossier of a defence lawyer. It shows the significance of the dossier in the law practice, its content, the disadvantages of the «dossier in paper» and the advantages of the «electronic dossier». The article analyzes the «Methodological recommendations for conducting legal proceedings by attorneys», usage of the investigator’s automated workplace and the judge’s automated workplace. It presents some related foreign experience. The various capabilities of digital dossier and its potential are described.

Rendering of Qualified Legal Assistance by an Attorney and Carrying out of Judicial Proceedings in the Period of the Spread of the New Coronavirus Infection (Covid-19): An Analysis of the Experience of Russia and Great Britain

This article discusses the features of the provision of qualified legal assistance by an attorney and conducting court proceedings during the spread of a new coronavirus infection, as well as technical solutions for continuation of work in a remote format. The author of the article provides analysis of the experience of working in Russia and the UK. The article also raises the question of the digitalization of legal services and the new directions for the provision of legal assistance by attorneys and conducting court proceedings within the framework of the forced accelerated technical development of society.

The Meaning of the Favorable Motives Category for Appeal from Judgement

The article discusses cases of compulsory appeal of the sentence by defense lawyer if there are grounds for canceling or changing the sentence for favorable reasons for the client. As a result of the analysis of legislation and judicial practice the author proposed approaches to determine favorable motives, given a non-exhaustive list of situations where such motives may be present.

Protection of Professional Rights of Attorneys in the Russian Federation: An Attorney without the Attorney Status

Professional rights protection of a lawyer is a contemporary problem that affects the interests of both a lawyer and his entire legal community. The article is based on the current legislation study and raises the issue of combating individuals who use such concepts as «lawyer», «law office» and other similar terms when advertising their activities and in its implementation. The author of the article notes the negative consequences of these terms dishonest use for the entire legal community and proposes a solution to this problem.

Attorney as the Main Subject of Qualified Legal Assistance Rendering

The article examines the features of the legal regulation of the legal profession and the advocate as the main subject of the provision of qualified legal assistance. The author comes to the conclusion that now there is a need for a legal definition of the concepts of «legal aid» in general, and «qualified legal aid» in particular. This must be done within the framework of federal law, which could legally manifest semantically those concepts that currently exist only at the doctrinal level. For the full development of the system of providing qualified legal assistance with the aim of the fullest realization of constitutional rights, it is necessary to strengthen state mechanisms for the protection of rights and freedoms, and to reform non-state mechanisms, in particular, the legal profession.

Disciplinary Authorities of Chambers of Lawyers as Subjects of Protection of Professional Rights of Attorneys

The article reveals the role of the Qualification Commission and the Council of the Bar Chamber of the subject of the Russian Federation in the protection of the professional rights of the lawyer in carrying out disciplinary proceedings against him. In particular, the author singles out procedural and substantial ways of defense lawyers’ rights protection by disciplinary bodies of the chamber, the analysis of corresponding norms of the Code of Professional Ethics of Lawyers.