The dog buried in the case of the lawyer Ivan Pavlov

Purpose: To study the composition of the crime under Article 310 of the Criminal Code of the Russian Federation on the example of a specific incident involving the lawyer Pavlov I. Yu. to criminal responsibility. Methodology: The following methods were used in the work formal legal method, situation analysis, information synthesis. Results: A lawyer is a subject of the composition provided for in Article 310 of the Criminal Code of the Russian Federation. Article 310 of the Criminal Code of the Russian Federation is a reference norm, contains an explicit reference to Article 161 of the Code of Criminal Procedure of the Russian Federation and implicit to Articles 42, 44, 53-60 of the Code of Criminal Procedure of the Russian Federation. It contains a number of significant gaps that allow the investigation to apply them arbitrarily. The lawyer’s publications in the media about violations of the law during the preliminary investigation are not covered by the composition provided for in Article 310 of the Criminal Code of the Russian Federation. The subject of art. 310 of the Criminal Code of the Russian Federation may not be abstract (generic) data of the preliminary investigation, but specific (individually defined), which should be exhaustively listed in the relevant decision of the investigator; in case of disagreement with which or refusal to make it to the lawyer, it is desirable to file a corresponding complaint. The objective side is the disclosure of data that was previously secret, obtained exclusively at the stage of the preliminary investigation, so in relation to other stages, including pre-trial verification, there is a gap in the legal norm. The known data of the preliminary investigation are outside the scope of the objective side of Article 310 of the Criminal Code of the Russian Federation. A decision on the involvement of a person as an accused should be attributed to known data, if it does not contain a secret protected by law. Novelty/originality/value: The article attempts to determine the boundaries of the subject matter of the crime under Article 310 of the Criminal Code of the Russian Federation - the data of the preliminary investigation. Their classification is presented. There are also legal gaps in Article 310 of the Criminal Code of the Russian Federation.