Theoretical bases of independence of protective legal activity within criminal procedure

Purpose: Theoretical justification of the content of the principle of independence of advocate activity in criminal trial. Methodology: The author applied a formal-legal method and a method of theoretical modeling. Results: The author comes to a conclusion that independence represents lack of third-party influence or impact on activity of any subject, however thus notes that, proceeding from sense of Art. 5 of Federal Law «About Judicial System of the Russian Federation», the legislator divides determination of independence and independence, without considering them as the identical. The author specifies that independence is perceived by the legislator as lack of any influence of the third parties on actions of the advocate, and independence of the advocate should be understood as ability to act in legal relationship directly on its own behalf, and also to bear disciplinary, civil, and equally administrative and criminal liability for the actions which are carried out by it within rendering the qualified legal aid. Novelty/originality/value: Independence is considered as the backbone legal principle, and also as the most important element of a modern sociocultural paradigm. Article has the high scientific value as contains author's generalizations possessing novelty and conclusions which can be used in scientific and practical activities at justification and disclosure of the content of the principle of independence of legal profession and advocate activity.