Standard regulation of the professional right of the lawyer defender on criminal case on commission of the actions which aren’t contradicting the legislation in the foreign states

Автор: Olenev Alexander Borisovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 3 (34), 2018 года.

Бесплатный доступ

Purpose: A research of a standard regulation of the professional right of the lawyer defender on criminal case for commission of the actions which aren’t contradicting the legislation in the foreign states. Methodology: Formal-legal and comparative-legal methods were used. Results: In work it is established that in most the states of the former USSR, namely in Russia, Azerbaijan, Kazakhstan, Kyrgyzstan, Turkmenistan, Tajikistan, Latvia and Estonia the legislator has provided that the rights of the lawyer defender formally aren’t limited, and situation according to which the lawyer defender within the professional activity has the right to make any actions is fixed, including, to use any means and ways of protection which aren’t forbidden by the legislation. Similar approach is used by the legislator of such states as Romania, Montenegro, Macedonia, Albania, Bulgaria, the Netherlands, Norway, Vietnam, Argentina, Guatemala, Chile, Venezuela, Mexico. In such states of the former USSR as Armenia, Georgia, Belarus, Ukraine, Lithuania, Moldova, Uzbekistan the volume of the professional rights of the lawyer defender is limited to the rights which are directly provided by the legislation on lawyer activity and legal profession and the criminal procedure legislation. Similar approach is used by the legislator of such states as Hungary, Bosnia and Herzegovina, Germany, Brunei, China, Turkey. The analysis of the legislation of the states of the former USSR and a number of the states of foreign countries has allowed to reveal forty eight professional rights of the lawyer defender which are directly provided in his provisions which are directly not affirmed in the legislation of the Russian Federation and which don’t contradict him, so, can be realized by domestic lawyers defenders within implementation of professional activity. Novelty/originality/value: Article has the high scientific value as is one of the first attempts of a research of a standard regulation of the professional right of the lawyer defender on criminal case for commission of the actions which aren’t contradicting the legislation in the foreign states.

Еще

Короткий адрес: https://readera.org/140225212

IDR: 140225212

Статья научная