Problems of the regulation of the professional privilege of the lawyer defender criminal case on commission of the actions which are not contradicting the legislation of Russian Federation: theoretical analysis

Автор: Olenev Alexander Borisovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 4 (35), 2018 года.

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Purpose: Conducting a theoretical analysis of the regulation of the professional rights of defense attorneys in a criminal case to commit acts that do not contradict legislation in foreign states. Methodology: Formal-legal, historical and comparative-legal methods were used. Results: The author comes to a conclusion that in standard fixing of the studied professional privilege there is a certain defect of the legal equipment caused by various text fixing of the studied right in provisions of various regulations. It is offered to carry out unification of the terminology used by the legislator and also to specify in provisions of the legislation that actions of the lawyer should not contradict as well to acts of Federal chamber of lawyers of the Russian Federation and Chamber of Advocates of the subject of the Russian Federation which member the lawyer is. Novelty/originality/value: Article has the high scientific value as is one of the first attempts of a research of a standard regulation of the professional right of the lawyer defender on criminal case for commission of the actions which aren’t contradicting the legislation.

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Короткий адрес: https://sciup.org/140237872

IDR: 140237872

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