Open AccessPROHIBITION ON REFUSAL OF THE ATTORNEY ON THE ADVOCATE PROTECTION ESTABLISHED BY PART 7 OF ARTICLE 49 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION: PROBLEMS OF LAW ENFORCEMENT
Author(s) -
В В Рудич
Publication year - 2020
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2020-6-3-104-116
Subject(s) - suspect , law , russian federation , criminal code , political science , enforcement , criminal procedure , code (set theory) , position (finance) , law enforcement , criminal law , sociology , business , computer science , set (abstract data type) , finance , regional science , programming language
The article discusses the question of whether the norms of part 7 of Article 49 of the Code of Criminal Procedure of the Russian Federation with an absolute prohibition on the refusal of the defender to defend the interests of the suspect, accused, defendant. The analysis of legal norms, which refutes the position of the absolute prohibition established by part 7 of Article 49 of the Criminal Procedure Code of the Russian Federation. A number of exceptions are justified, in which the refusal of the defense counsel from the assumed defense is legitimate. The article draws conclusions and gives recommendations aimed at eliminating the unjustified bringing of lawyers to administrative responsibility by the chambers of law.