Свидетельский иммунитет представителя в свете конституционных и конвенционных принципов

Закон. 2019. № 6. С. 132–138.

Ilyin A.

Currently, the criminal procedure law allows for the interrogation as a witness in a criminal case of a person who is not an attorney, who previously participated in a civil case as a representative of a citizen who has the status of a suspect, accused (defendant, convicted) in this criminal case, about the circumstances that became known to him in the provision of legal assistance to the latter, despite the fact that in other types of proceedings the interrogation of such a person as a witness is prohibited. The article argues from the standpoint of universal legal values, including the right to judicial protection and qualified legal assistance, the need to extend witness immunity to any representative, since such immunity cannot be associated with the regime of attorney client privilege, but on the contrary, the regime of attorney client privilege is only a consequence of the idea of the need to protect the confidentiality of information, the disclosure of which causes irreparable damage to the activity (the relationship) in which this information becomes known to another person.

Keywords: qualified legal assistance, адвокатская монополия, адвокатская тайна, свидетельский иммунитет, judicial representation, witness immunity, attorney client privilege, advocacy monopoly, судебное представительство, право на квалифицированную юридическую помощь