Disclosure of preliminary investigation data: some criminal law and criminal procedure problems in the light of the legal positions of the Constitutional Court of the Russian Federation

Автор: Kudryavtsev Vladislav Leonidovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 6 (49), 2020 года.

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Purpose: Research of some criminal-legal and criminal-procedural problems of disclosure of preliminary investigation data in the light of the legal positions of the Constitutional Court of the Russian Federation. Methodology: Formal-legal methods. Results: The article reveals some criminal-legal and criminal-procedural problems of disclosure of preliminary investigation data in the light of the legal positions of the Constitutional Court of the Russian Federation. It is established that a number of problems of disclosure of preliminary investigation data are interrelated in criminal law and criminal procedure related to the understanding of the relevant norms by the Constitutional Court of the Russian Federation and their application in practice. It is concluded that the use in practice by lawyers of a number of legal positions of the Constitutional Court of the Russian Federation may create additional difficulties in protecting the constitutional rights and freedoms of individuals and citizens, access to justice, as well as in qualifying under article 310 of the criminal code. Novelty/originality/value: The article has a scientific value, representing a complex, interrelated analysis of some criminal law and criminal procedure problems of disclosure of preliminary investigation data in the light of the legal positions of the Constitutional Court of the Russian Federation, existing both in theory and in practice.

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Criminal law, disclosure of data from preliminary investigations, crimes against justice, composition of the crime, subjects of the crime, criminal procedure, inadmissibility of disclosure of data from preliminary investigations, lawyer, accused, legal positions of the constitutional court of the russian federation

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Короткий адрес: https://sciup.org/140250457

IDR: 140250457

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