Analysis of the draft article 294.1 of the Criminal Code of the Russian Federation
Автор: Petrov Dmitry Vyacheslavovich
Статья в выпуске: 4 (53), 2021 года.
Purpose: Research of the draft law of article 294.1 » Obstruction of the legal activity of a lawyer in order to indicate the relevance of the adoption of this norm, the formulation of proposals for its revision. Methodology: Comparative and formal legal methods were used. Results: The article considers the draft law submitted in September 2020 by the Ministry of Justice of the Russian Federation, which provides for amendments to the Criminal Procedure and Criminal Codes of the Russian Federation. One of the most important norms in this draft law is the addition of the Criminal Code of the Russian Federation with article 294.1 «Obstruction of the lawful activity of a lawyer". The high relevance and great need for the early adoption of this amendment is indicated. At the same time, certain shortcomings in the proposed version of the article that hinder the achievement of the legislator's goal are highlighted. Possible problematic issues are also identified in the further practical application of the norm under consideration. Based on the analysis of the draft law and taking into account the opinions of representatives of the legal community, amendments to the editorial of the article proposed by the Ministry of Justice of the Russian Federation are proposed. It is established that the provision of criminal legal protection of the rights of a lawyer will contribute to the practical implementation of the guarantee of the independence of a lawyer, the principle of adversarial parties in criminal proceedings, increase the effectiveness of advocacy and, as a result, ensure the right of everyone to receive qualified legal assistance. Novelty/originality/value: The article has a high degree of relevance, since it contains a comprehensive analysis of the draft law establishing responsibility for obstructing the legitimate activities of a lawyer.
Advocacy, obstruction of the activities of a lawyer, professional rights of a lawyer
Короткий адрес: https://readera.org/140262180
IDR: 140262180 | DOI: 10.52068/2304-9839_2021_53_4_80