Legal Remedies Against Obstruction of the Activities of Defense Attorneys: Concept and Classification

The article examines legal remedies aimed at counteracting obstruction of the professional activities of defense attorneys in criminal proceedings. Based on the constitutional right to qualified legal assistance and the public nature of the defense attorney’s activity, the author analyzes the widespread occurrence of obstruction and its negative impact on the realization of the right to defense. Relying on theoretical approaches to the concept of legal remedies, provisions of criminal procedure legislation, and law enforcement practice, the article proposes an original definition of legal remedies against obstruction of the activities of defense attorneys. The systemic nature of these legal remedies and their connection with the legal activity of defense attorneys are substantiated. A classification of legal remedies is developed, including a functional classification distinguishing procedural-functional and organizational-supportive remedies. The author concludes that legal remedies against obstruction of defense attorneys’ activities play a significant role in ensuring the purposes of criminal proceedings and the implementation of the adversarial principle.