Open AccessPROCEDURAL STATUS OF A LEGAL REPRESENTATIVE IN THE MODERN RUSSIAN CRIMINAL PROCESS
Author(s) -
L.G. Tatyanina,
Elena V. Markovicheva
Publication year - 2021
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2021-31-4-669-673
Subject(s) - normative , legislation , political science , consolidation (business) , process (computing) , procedural law , criminal procedure , legal norm , law , criminal law , psychology , law and economics , sociology , computer science , business , accounting , operating system
The article reveals the features of the normative consolidation of the procedural status of a legal representative in the Russian criminal process. The authors focus their attention on the problems of investigative and judicial practice related to the shortcomings of the current legislation. The most important issues that need to be addressed as soon as possible have been identified. Particular attention is drawn to the need to resolve problems arising from conflicts between a legitimate representative and a person represented by him/her, which gives rise, on the one hand, to grounds for appealing against decisions made, and on the other, to a conflict between the parties, which may affect their subsequent relationship. The absence of a single rule regulating the rights of legal representatives raises questions in practice about the possibility of their participation in individual investigative and procedural actions, applications, etc. Attention is drawn to the lack of regulation in the law of the duties of a legal representative in criminal proceedings, which creates controversial situations when assessing their behavior, especially when deciding on their removal from participation in the case. The article concludes that it is necessary to develop a single, universal model of legal representation in criminal proceedings.