And again to the question of rendering qualified legal assistance a lawyer in operational investigative activities
https://doi.org/10.31429/20785836-14-3-123-131
Abstract
The article deals with the problems of providing qualified legal assistance to principals during operational search activities. The impossibility of ensuring the legal participation of a lawyer in carrying out covert operational search activities leads to the use of self-defense and subsequent recourse to a lawyer for assistance in protecting the violated rights of the principal. Among the main ways to assist a lawyer in protecting rights during operational search activities, appeals and reclamation are provided.
The purpose of this study is to substantiate the need for further improvement of the procedure for providing qualified legal assistance to principals during operational investigative measures. Research objectives: conducting a comprehensive study of regulatory legal regulation and the emerging practice of providing qualified legal assistance by a lawyer in the course of operational investigative activities through not only personal participation in public operational investigative activities, but also the use of mechanisms for appealing and reclaiming information in the interests of the principal.
The results of the study were a set of new theoretical provisions that expand scientific ideas about the provision of qualified legal assistance to principals through the participation of a lawyer in public operational search activities. The opinion is also put forward and justified that the improvement of the procedure for providing qualified legal assistance to principals during non-public operational search activities, where the legal participation of a lawyer is objectively impossible, should be carried out using mechanisms for appealing actions and decisions that violate the rights and freedoms of citizens, as well as requesting information in the interests of the principal.
About the Author
V. A. Sementsov
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Vladimir A. Sementsov, Dr. of Sci. (Law), Professor, Honored Lawyer of Kuban, Professor of the Department of Criminal Procedure. Author ID: 57194869679
Stavropol str., 149, Krasnodar, 350040
Tel.: +7 (861) 268-59-64
References
1. Azarov A.P. [On the appeal of decisions and actions of the bodies implementing the ORD in the order of the CAS of the Russian Federation: outline of the problem]. Zhurnal administrativnogo sudoproizvodstva = Journal of Administrative Proceedings. 2020;(1):17–21. (In Russ.)]
2. Gerasimenko E.V. [Ensuring the right to qualified legal assistance of a lawyer when conducting public operational search activities]. Nauchnyi vestnik Omskoi akademii MVD Rossii = Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2022;(1(84)):53–57. DOI: 10.24411/1999-625X-2022-184-53-57. (In Russ.)]
3. Glushkov M.R. [On the question of the participation of a lawyer in the vowels of ORM]. Advokatskaya praktika = Lawyer practice. 2015;(3):3–6. (In Russ.)]
4. Golubovskii V.Yu. [The role of a lawyer in conducting operational investigative measures]. Problemy prava = Problems of law. 2018;(3(67)):79–82. (In Russ.)]
5. Gusev V.A., Beketov O.I., Mazunin Ya.M. [Realization of the constitutional right to receive qualified legal assistance by means of a lawyer's investigation: operational investigative aspect]. Yuridicheskaya nauka i pravookhranitel'naya praktika = Legal science and law enforcement practice. 2021;(4(58)):126–132. (In Russ.)]
6. Gusev V.A., Larin E.G. [The constitutional right to receive qualified legal assistance in the field of operational investigative activities]. Vestnik Sankt-Peterburgskogo universiteta MVD Rossii = Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2021;(4(92)):42–48. DOI: 10.35750/2071-8284-2021-4-42-48. (In Russ.)]
7. Lugovik V.F., Osipenko A.L. [On cooperation of a lawyer with operational-search authorities]. Vestnik Krasnodarskogo universiteta MVD Rossii = Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. 2020;(4(50)):81–84. (In Russ.)]
8. Maiorov V.I., Sevryugin V.E. [Countering crime on the basis of modern concepts of police and society interaction: experience of foreign countries and Russia]. Vestnik Permskogo universiteta. Yuridicheskie nauki = Bulletin of Perm University. Legal sciences. 2017;(35):95–106. DOI: 10.17072/1995-4190-2017-35-95-106. (In Russ.)]
9. Potapenko S.V. [Informational openness and publicity of criminal proceedings]. Yuridicheskii vestnik Kubanskogo gosudarstvennogo universiteta = Legal Bulletin of the Kuban State University. 2022;14(1):69–75. DOI: 10.31429/20785836-14-1-69-75. (In Russ.)]
10. Sementsov V.A. [Provocation of crime in operational investigative activity]. Soyuz kriminalistov i kriminologov = Union of criminalists and criminologists. 2020;(4):45–53. DOI: 10.31085/2310-8681-2020-4-208-45-53. (In Russ.)]
11. Sementsov V.A. [The role of a lawyer in identifying errors and violations of the law in operational investigative activities]. Actual problems of judicial, law enforcement, human rights, criminal-procedural activity and national security: materials of the International scientific-practical conf. devoted to the 50th anniversary of the department of criminal procedure: in 2 parts. Krasnodar: Kuban State University; 2022. (In Russ.)]
12. Semenchuk V.V. [Problems of legal regulation of operational and investigative security of the Rus-sian Federation]. Vestnik Sankt-Peterburgskogo universiteta. Pravo = Bulletin of St. Petersburg University. Law. 2021;12(4):1017–1033. DOI: 10.21638/spbu14.2021.413. (In Russ.)]
13. Chupilkin Yu.B. [How to prove provocation of a crime to a lawyer]. Ugolovnyi protsess = Criminal trial. 2018:(12):24–33. (In Russ.)]
Review
For citations:
Sementsov V.A. And again to the question of rendering qualified legal assistance a lawyer in operational investigative activities. Legal Bulletin of the Kuban State University. 2022;(3):123-131. (In Russ.) https://doi.org/10.31429/20785836-14-3-123-131
Views:
119
Email this article 