Contradictions between the legislation on legal profession and the criminal procedure legislation of Russia regarding a regulation of professional privileges of the advocate-defender and their overcoming

Автор: Ragulin Andrey Viktorovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 2  (9), 2014 года.

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Purpose: Identification of collisions between the legislation on legal profession and the criminal procedure legislation of Russia on the questions connected with a regulation of professional privileges of the advocate-defender and their overcoming. Methodology: Formal-legal method and method of theoretical modeling were used. Results: The author formulated offers on permission of collisions between the legislation on legal profession and the criminal procedure legislation of Russia in relation to such professional privileges of the advocate-defender as the right for direct participation in proof process, the right for involvement of the expert, the right for free meetings with the principal, the right to fix information containing in materials of criminal case, the right to make other actions which are not contradicting the legislation, etc. The basic rule of overcoming of collisions between the legislation on legal profession and the criminal procedure legislation of Russia according to which it need to be guided by the provision on a priority of standards of the legislation on legal profession is formulated. Novelty/originality/value: Article possesses high scientific value and has the practical importance as is one of the first attempts to consider a question of overcoming of collisions between the legislation on legal profession and the criminal procedure legislation of Russia.

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Legal profession, criminal procedure, legislation, collisions, overcoming of collisions, professional privileges of the advocate-defender

Короткий адрес: https://sciup.org/14027702

IDR: 14027702

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