DOCTRINAL ASSESSMENT OF LEGAL POSITIONS THE HIGHEST BODY OF CONSTITUTIONAL JUSTICE IN RUSSIA IN THE CASE OF CITIZEN I. N. FROLOVA IN THE FOCUS OF THE ROLE OF ADVOCACY IN THE HUMAN RIGHTS SYSTEM OF THE STATE
Abstract and keywords
Abstract (English):
The paper examines the legal positions of the Constitutional Court of the Russian Federation related to resolving a dispute about the right of a defense lawyer to appear at investigative actions with electronic technical means that allow fixing the procedural form of the actions being implemented. As a result, the positive aspects of the proposed constitutional interpretation are emphasized, and obvious gaps in the truly complete solution of the problems arising from the fact of the (possible) use of these means. Noting the duality of the positions of the highest body of constitutional justice on the issues under study, the authors offer the best options for resolving them.

Keywords:
lawyer, qualified legal assistance, the accused, electronic technical means, prohibitions and restrictions for a lawyer
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References

1. In the case of checking the constitutionality of paragraph 25 of part 1 of Article 13 of the Federal Law “On Police” in connection with the complaint of citizen I. N. Frolov: resolution of the Constitutional Court of the Russian Federation no. 21-P of May 26, 2022. Rossiyskaya Gazeta, 2022, June 3. (In Russ.)

2. Resolutions of the Constitutional Court of the Russian Federation no. 18-P of December 23, 1999, no. 20-P of November 29, 2010, no. 33-P of December 17, 2015, no. 38-P of July 20, 2021, etc. (In Russ.) Access from the reference legal system “Consultant­Plus” (accessed 24.04.2022). (In Russ.)

3. Vinogradov V. A. Review of the disciplinary practice of bar associations. Criminal process, 2021, no. 1, pp. 18-19. (In Russ.)


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