Standard regulation of a professional privilege of the lawyer defender on commission of the actions which are not contradicting to the legislation of the Russian Federation: retrospective analysis

Purpose: A research of process of historical development of fixing in the legislation of the Russian Federation of a professional privilege of the lawyer defender on commission of the actions which are not contradicting the legislation of the Russian Federation. Methodology: Historical-legal and formal-legal methods were used. Results: As the Russian legislation initially allowed participation of the defender in criminal trial in the absence of a direct regulation of its procedural laws, a state at which it is authorized to defender to undertake any, the actions which are not forbidden by the law within its professional activity, is its natural legal state owing to what this right is subject to obligatory fixing in the legislation. Strengthening of a role of the defender in criminal trial caused need of a detailed standard regulation of powers of this person which, since lifetime of an absolute monarchy, finishing 1992, was carried out by direct fixing in the legislation of the limited list of actions in this connection the defender during implementation of professional activity had no right to make any actions which are directly not provided by the current legislation. Modern approach of the Russian legislator which when designing the list of professional privileges of the lawyer defender gave a priority to a dispositive method of legal regulation and established that the lawyer defender has the right to make the actions which are not contradicting the legislation conforms to requirements of international legal norms, so - and shows to the interests of the state and society achievement of reasonable balance of a combination of imperative and dispositive methods of legal regulation of the public relations in the sphere of production on criminal cases. Novelty/originality/value: Article has the high scientific value as is the first attempt to consider history of development of domestic legal profession through a prism of evolution of a professional privilege of the lawyer defender on commission of the actions which are not contradicting the legislation of the Russian Federation.