On the issue of improving the legal regulation of the lawyer’s activities to protect the rights and legitimate interests of participants in criminal proceedings

Abstract

The amendments to the criminal procedural legislation in 2017–2021 were aimed to strengthen guarantees and ensuring the implementation of the principle of the right to defense and the principle of adversarial parties in criminal proceedings. The analysis of the legal practice shows that, some situations which arise in law enforcement practice significantly complicate and restrict activities of advocates in criminal cases. It should be noted that quite often that activity of a lawyer can cause a negative reaction, both from the investigative authorities and the court, and from organizations to which the lawyer makes requests. This creates unreasonable problems for the lawyer to fulfill his obligations to provide legal assistance to a citizen guaranteed to him by the Constitution of the Russian Federation. In order to minimize such situations in law enforcement practice, appropriate regulatory legal acts should be adopted to ensure the lawyer’s rights to protect the interests of his client and guarantees of responsible attitude on the part of officials to his human rights activities.