The issue of lawyer's request in the criminal process and legal conflicts resolution

Автор: Adygezalova Gyulnaz Eldarovna, Kovaleva Iuliia Nikolaevna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2020 года.

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The study analyzes legislative changes regarding the requirements for lawyer’s request in view of current judicial practice. A detailed research of legal rules on lawyer’s request, the evolution of this institution and the practice of its application has theoretical and practical significance. The theory of Criminal Procedural Law evaluates lawyer’s request as quite an effective element of evidential lawyer activity, but insufficient for a full lawyer investigation. The analysis of judicial practice has allowed us to reveal the typical bases for refusal in granting the information on the basis of lawyer’s request, as well as trends in the application of legal rules on the responsibility for rejection to provide such information. The study has led to the conclusion about the positive influence of the changes in the form of lawyer’s request made on the basis of the decision of the Supreme Court of the Russian Federation in 2017. However, the position of lawyers in obtaining information in comparison with state authorities remains uneven indicating a need for the further reform of lawyer’s request institution to improve its efficiency.

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Lawyer’s request, administrative liability, confidentiality, personal data

Короткий адрес: https://sciup.org/149132946

IDR: 149132946   |   DOI: 10.24158/tipor.2020.3.9

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