Practical problems arising in connection with the refusal of the protection on the designation with the simultaneous participation of the protection on the designation. Position of the Constitutional Court of the Russian Federation

The right to use the help of a lawyer (defender) is recognized as one of the fundamental and international legal acts, which, by virtue of Article 15 (part 4) of the Constitution of the Russian Federation, are an integral part of the legal system of Russia. In particular, the International Covenant on Civil and Political Rights in paragraph 3 of article 14, and the Convention for the Protection of Human Rights and Fundamental Freedoms in paragraph 3 of article 6 provide that everyone accused of a crime shall have the right to have adequate time and opportunity to prepare his defense and communication with a lawyer of his own choice, to defend himself personally or through legal assistance of his own services. The issues of law enforcement in the studied area create the basis for the emergence of various legal disputes. Difficulties in their consideration by the courts are caused by various factors. Often, there are situations that lead to legal disputes related to the simultaneous participation in the investigation or consideration of criminal cases in court with the participation of both an attorney by agreement and an attorney by appointment. This problem has repeatedly found its reflection in law enforcement practice.