Criminal Liability For Obstruction of Lawyer’s Activities under the Criminal Code of the Russian Federation and the Legislation of Sеvеral of the Commonwealth of Independent States (Comparative Legal Analysis)
Автор: Bryukhanova A.D.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Защита профессиональных прав адвоката
Статья в выпуске: 5 (76), 2025 года.
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The article is devoted to the problem of establishing criminal liability for obstruction of advocacy in the Criminal Code of the Russian Federation. Qualified legal assistance provided by lawyers in Russia must have adequate and guaranteed protection from the state. The article analyzes the current regulatory provisions of the Criminal Code of the Russian Federation. The article considers foreign experience, on the basis of which the author analyzes a proposal for amendments regarding criminal liability for obstruction of advocacy in the legislation of the Russian Federation. The author conducts a comparative legal analysis of the criminal legislation of such foreign countries as the Republic of Azerbaijan, the Republic of Armenia, and the Republic of Kazakhstan, which regulate the criminal protection of lawyers from obstruction of their legitimate professional activities. As an example, it is noted that in a number of States such as the Republic of Kazakhstan, and the Kyrgyz Republic, the legislation on the legal profession enshrines not only guarantees of the independence of lawyers, but also responsibility for creating obstacles to legitimate advocacy. Ensuring the criminal legal protection of a lawyer in the course of legitimate advocacy is a guarantee of the realization of the «right to protection» of the rights of clients, the effectiveness of advocacy in providing qualified legal assistance.
Advocate, legal assistance, obstruction of the activities of a lawyer, professional rights of a lawyer, criminal law, criminal legal protection
Короткий адрес: https://sciup.org/140313151
IDR: 140313151 | УДК: 347.965.125 | DOI: 10.52068/2304-9839_2025_76_5_102