Who will protect if the accused and suspected rights of defense are deprived by the advocate elected by them?

Автор: Osin Vladimir Vladimirovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Обмен опытом

Статья в выпуске: 6  (7), 2013 года.

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Purpose: Consideration of a number of the problem questions connected with discharge of advocates elected clients from conducting their criminal cases. Methodology: The author applied a formal-legal method, a method of studying of documents and a method of the included supervision. Results: In article on the basis of the analysis of a number of the interconnected criminal cases, it was shown how the right to judicial protection against an arbitrariness of officials and the right to the appeal guaranteed by the Constitution of Russia in court of actions (or inaction) and decisions of authorities and public officials is ignored by judges of the first, appeal, cassation and supervising instances. The reason of this phenomenon, according to the author, long inaction of the President of Russia on establishment in Russia the Constitution and justice authorities is. Detailed legal justification of illegality of discharge of the elected advocate was also given in article from conducting criminal cases, in relation to concrete criminal case. Novelty/originality/value: Article has the important practical value as contains author’s generalizations possessing scientific novelty, conclusions and practical offers which can be used in advocate’s activity.

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Judicial protection, the right to the qualified legal aid, order of criminal trial, court of appeal, lawyer, attorney, counsel, barrister, advocate, advocacy, legal profession, bar

Короткий адрес: https://sciup.org/14027685

ID: 14027685

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