CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA

The current challenge for the Russian Federation is the steady implementation of the principles of criminal procedure. In this connection, the defender’s legal status arouses the interest of the scientific community of processualists and leads to the existence of conflicting opinions on the question...

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Main Author: Lifanova Marina Vladislavovna
Format: Article
Language:English
Published: Bashkir State University 2022-03-01
Series:Правовое государство: теория и практика
Subjects:
Online Access:https://pravgos.ru/index.php/journal/article/view/508
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author Lifanova Marina Vladislavovna
author_facet Lifanova Marina Vladislavovna
author_sort Lifanova Marina Vladislavovna
collection DOAJ
description The current challenge for the Russian Federation is the steady implementation of the principles of criminal procedure. In this connection, the defender’s legal status arouses the interest of the scientific community of processualists and leads to the existence of conflicting opinions on the question of determining the nature of the defender, the composition of the defense counsel and the number of participants in criminal proceedings, who can use defender’s services. The article is devoted to the study of the category of «defender» in the criminal procedure legislation. Purpose: to develop scientifically based propos-als for the improvement of criminal procedure legislation applicable to the de-fender’s status in criminal proceedings. Methods: The study uses analytical and synthesizing techniques as well as comparative legal, formal legal and systemic functional methods. Results: the determination of the defender’s legal status in criminal proceedings should be recognized as a contentious issue. Based on the analysis of the current legislation and scientific literature, it is concluded that amendments should be made to parts 1 and 2 of Art. 49 of the Code of Criminal Procedure of the Russian Federation.
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spelling doaj.art-5097f03939634395b781c5d0b09f4d1a2022-12-22T02:21:11ZengBashkir State UniversityПравовое государство: теория и практика2500-02172022-03-01181(67)11612910.33184/pravgos-2022.1.8CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIALifanova Marina Vladislavovna 0https://orcid.org/0000-0001-6944-8338Bashkir State UniversityThe current challenge for the Russian Federation is the steady implementation of the principles of criminal procedure. In this connection, the defender’s legal status arouses the interest of the scientific community of processualists and leads to the existence of conflicting opinions on the question of determining the nature of the defender, the composition of the defense counsel and the number of participants in criminal proceedings, who can use defender’s services. The article is devoted to the study of the category of «defender» in the criminal procedure legislation. Purpose: to develop scientifically based propos-als for the improvement of criminal procedure legislation applicable to the de-fender’s status in criminal proceedings. Methods: The study uses analytical and synthesizing techniques as well as comparative legal, formal legal and systemic functional methods. Results: the determination of the defender’s legal status in criminal proceedings should be recognized as a contentious issue. Based on the analysis of the current legislation and scientific literature, it is concluded that amendments should be made to parts 1 and 2 of Art. 49 of the Code of Criminal Procedure of the Russian Federation.https://pravgos.ru/index.php/journal/article/view/508defenderlawyerright to defensequalified legal assistanceadditional (subsidiary) defender
spellingShingle Lifanova Marina Vladislavovna
CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
Правовое государство: теория и практика
defender
lawyer
right to defense
qualified legal assistance
additional (subsidiary) defender
title CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
title_full CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
title_fullStr CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
title_full_unstemmed CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
title_short CURRENT ISSUES RELATING TO THE DEFENDER’S STATUS IN CRIMINAL PROCEEDINGS IN MODERN RUSSIA
title_sort current issues relating to the defender s status in criminal proceedings in modern russia
topic defender
lawyer
right to defense
qualified legal assistance
additional (subsidiary) defender
url https://pravgos.ru/index.php/journal/article/view/508
work_keys_str_mv AT lifanovamarinavladislavovna currentissuesrelatingtothedefendersstatusincriminalproceedingsinmodernrussia