Этические проблемы участия адвоката в судебном разбирательстве в уголовном процессе
The article reveals the issues of advocate’s activity in criminal procedure; considers the basic ethic problems — accept of assignment, alternative defense, conflicts defense. The article analyses the provisions of the Code of Professional Ethics, opinions of some researchers, provisions of legislation; the article also touches upon the issues of general ethics.
The Constitution of the RF declares the right of free qualified assistance to everybody. Evidently the rendering of such assistance will cost a lot to society and state. The reader is presented with a set of three articles in which the author analyses the course of solution of the problem (Article 1. On History of Problem).
For a long time, Russian legislation did not allow the possibility of establishing a condition on the “fee of success” in the agreement on the provision of legal assistance. With regard to the provision of legal services by lawyers, these restrictions were lifted in 2019. Removing the restriction on the prohibition of the “fee of success” in advocacy and maintaining the prohibition on the provision of legal services by other judicial representatives creates far unequal rules of the game for these members of the legal community. In the legal literature, opinions are already being expressed that a softening of the approach regarding the “success fee” for lawyers will eventually extend to other participants in the legal services market. The article draws attention to the fact that the amendments to the law on advocacy that have come into force are not subject to application until the Council of the Federal Chamber of Advocates develops a rule on the inclusion of a condition in legal aid agreements, according to which the amount of remuneration 320 paid by the principal is made dependent from the result of a lawyer providing legal assistance. It is concluded that in order to determine the content of these rules it is necessary that they do not contradict the legal positions of the highest judicial instances of our country, take into account the prevailing socio-economic and political-legal conditions, doctrinal provisions, features of the legal services market, as well as analogues available in foreign law and order
Adversary proceedings are impossible without precise observation of their regalement by all participants of judicial proceeding. The obligation to maintain order in judicial proceeding is laid upon the chairman. No abidance by the advocate to decisions and instructions of the chairman is a violation of requirements of the Criminal Procedure Code of the RF.