About improvement of a legislative regulation of opportunities of the advocatedefender in the course of election concerning his client of separate measures of restraint

Автор: Zakomoldin Alexey Valeriyevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 1  (8), 2014 года.

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Purpose: Consideration of procedural and tactical aspects of participation of the advocate-defender in the solution of a question on a measure of restraint in criminal trial and development of offers on improvement of the legislation regulating activity of the advocate-defender during the corresponding procedure. Methodology: The author applied a formal-legal method and a method of theoretical modeling. Results: The author comes to a conclusion that the advocate-defender should participate in creation of conditions for election of softer measure of restraint, in particular: to submit the written petition of deserving trust of the person (and it is better than several persons) for a consent to act as the personal guarantor, to submit the written petition for pledge application, and also the guarantee certificate about entering of the sum of pledge into concrete terms. Author formulated offers in the text of the Code of penal procedure of the Russian Federation of the provision on obligation of the prior notice of the defender and his client about intention to apply to the last this or that measure of restraint locates. Novelty/originality/value: Article possesses a certain scientific value and the high practical importance as contains author’s generalizations possessing novelty, conclusions and offers which can be applied in lawyer practice and at improvement of the criminal procedure legislation.

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The qualified legal aid, protection, criminal procedure, measures of restraint, lawyer, attorney, counsel, barrister, advocate, advocacy, legal profession, bar

Короткий адрес: https://readera.org/14027692

IDR: 14027692

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