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ON THE TACTICS IN APPLICATION OF SPECIAL ECONOMIC KNOWLEDGE BY A LAWYER IN A CRIMINAL CASE

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PDF: Author(s): Klimovich L. P., Valentinavichute I. G.,
Number of journal: 3(60) Date: August 2022
Annotation:

The main purpose of the study, the results of which are presented in the article, is to develop an algorithm for the lawyer to use specialized knowledge in the implementation of the defense in criminal cases of economic orientation. The study subject was scientific approaches to the content of concepts “defense tactics”, “lawyer tactics”, “special economic knowledge in the activities of a lawyer”, as well as judicial practice. As the main methods, the authors use general scientific and special scientific methods: logical, comparative-legal, statistical, system-structural, and terminological analysis. The article conceptually formulates the features of lawyer tactics, defines the concept of special economic knowledge in the activities of a lawyer, and considers the issues of tactical actions of a lawyer related to the application of specific knowledge in the performance of defense in a criminal case. The authors substantiate the idea that the actions of a lawyer aimed at protecting the rights and interests of the principal must comply with the chosen line of defense, the interests of the principal, legality and ethical standards. The authors suggest a concrete algorithm of the advocate’s operations on the use of special economic knowledge in criminal cases of economic direction. The results of the study can be used in theoretical studies aimed at improving the terminological apparatus, as well as for further development and improvement of algorithms for the work of advocates with special knowledge in other areas of their professional activity. The practical importance of the study lies in the fact that the developed algorithm of action for a lawyer can be fixed in special professional rules for the advocacy community in the format of methodological recommendations. In the end, the authors come to the conclusion that the active position of the advocate in recourse to knowledgeable persons and the use of specific economic knowledge for tactical purposes is the only way to successfully implement the line of defense, because otherwise the defenders cannot exercise the rights granted to them by law.

Keywords:

lawyer’s tactics, specific knowledge, specific economic knowledge, expert, specialist, expert opinion, expert opinion, lawyer, court, criminal process

For citation:

Klimovich L. P., Valentinavichute I. G. On the tactics in application of special economic knowledge by a lawyer in a criminal case. Business. Education. Law, 2022, no. 3, pp. 228—234. DOI: 10.25683/VOLBI.2022.60.324.