CONCEPT OF NON-PROFESSIONAL PROTECTION IN THE RUSSIAN CRIMINAL PROCEEDINGS

The article discusses the theoretical understanding of non-professional defense in criminal proceedings. Against the backdrop of discussions in legal circles on the justification of the advocate monopoly in the field of qualified legal assistance services, including in criminal proceedings, there are many questions about the legal nature of the defense of the accused by a person who is not a professional defender-advocate (part 2 of article 49 of the Code of Criminal Procedure of the Russian Federation). In modern conditions for the implementation of the defense of a suspect accused of criminal proceedings, priority remains with professional defense. As for the non-professional defender, there is not enough regulatory information as well as scientific information about him. The legislation holds back such important issues as the rules for its admission, rights and obligations, the limits of procedural interests, the grounds for suspension or prosecution. The law mentions him only in a few words, as “one of the close relatives of the accused”, “another person” (part 2 of article 49 of the Code of Criminal Procedure of the Russian Federation). Particularly debatable is the issue of admission of a lay defense counsel to participate in the pre-trial stage of criminal proceedings. The criminal procedure law allows a non-professional defender only from the stage of the trial, and then at the discretion of the court, since the legislation does not establish objective criteria for a non-professional defender to participate. This approach creates many problems and unclear points regarding the justification of the advisability of the existence of non-professional defense in criminal proceedings. Especially when social and professional trust in the institution of the legal profession as a participant in the exercise of the right to defense remains one of the contentious issues. In this regard, there is reason to compare unprofessional protection with professional protection and identify its main features.

non-professional defense, the right to defense, a lawyer, a suspect, an accused, criminal proceedings, criminal procedure regulation, admission, defense, defense counsel.

Koryakina Z. I., Malygina V. I. Concept of non-professional protection in the Russian criminal proceedings. Business. Education. Law, 2020, no. 4, pp. 312–315. DOI: 10.25683/VOLBI.2020.53.405.