The legality of interrogation of the lawyer in the light of the legal positions of the Constitutional Court of the Russian Federation

Автор: Sokovykh Yu., Taybakov A., Antsupov D.

Журнал: Вестник Академии права и управления @vestnik-apu

Рубрика: Теория и практика юридической науки

Статья в выпуске: 4 (49), 2017 года.

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TThe article authors are addressing one of the important aspects, providing quality legal support - the issue of the legality of the interrogation of the lawyer in court session that is the behavior of the Russian Constitutional Court on this matter. There were considered all legal positions of the Constitutional Court over the past 16 years. There are the following among them - the steps of the Russian Constitutional Court in the weakening of legal professional privilege, the reaffirmation of the right of the lawyer to remain silent, the legal position about possibility of the defense counsel's summons in the court as a witness, as well as the conclusion of the Constitutional Court on the non proliferation of testimonial immunity for information between the lawyer (or a representative who is not the lawyer) and the client, if the information is provided evidences of an offence, including offences against justice. In such cases the interrogation of the lawyer is possible; the lawyer is not entitled to remain silent about the criminal-legal act. After analyzing significant changes over 16 years, the legal positions of the Russian Con stitutional Court on the issues on involving of the defense counsel to the interrogation on the client's case, the article authors detect this as a real threat to the institution of legal professional privilege.

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Lawyer, legal professional privilege, constitutional court of russian federation, interrogation

Короткий адрес: https://sciup.org/14119932

IDR: 14119932

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