CRIMINAL PROCEDURAL APPEALS IN THE WORK OF A DEFENCE LAWYER: MORAL BASIS, ETHICAL RULES, LEGISLATIVE REGULATION

The initial data for the study were developments devoted to the problems of the moral content of criminal procedure legislation. The study showed that, despite the extensive results of theoretical, fundamental and applied nature, the problems of morality in criminal proceedings are far from being resolved. For the study, a hypothesis was put forward about the essential differences between morality and ethics, where morality is a set of civilizational values subject to change. Ethics is a set of values adapted to a specific area of human communication. One of the main means of such adaptation is the interpretation of moral values for professional activities. Accordingly, when studying the issue of the morality of criminal procedure legislation, it is necessary to take into account both universal human values and ethical rules for the implementation of specific professional activities. The obtained results are supposed to be interpreted under the scope of criminal procedural appeal in the activities of a defense lawyer, as the main direction of our research. The results of the study were definitions of morality, ethics, a set of factors affecting their ratio in the criminal procedure legislation, criteria for moral and ethical appeal in the activities of a defense lawyer, proposals for the development of a code of professional ethics for a lawyer in criminal proceedings. The study of lawyers’ activities in such a segment as appealing court decisions leads to a conclusion about significant contradictions between the norms of morality and morality, the professional ethics of lawyers and the criminal procedural regulation of their powers when filing complaints against court decisions to higher courts. The results obtained can be used to continue sector-specific research, as well as to conduct fundamental scientific research in the field of organization and activities of the legal profession, courts and other bodies and organizations.

criminal proceedings, morality, ethics, law, appeal, defender, lawyer, criminal procedure, ethical rules, moral, code of ethics

Rudakova S. V. Criminal procedural appeals in the work of a defence lawyer: moral basis, ethical rules, legislative regulation. Business. Education. Law, 2021, no. 4, pp. 288—295. DOI: 10.25683/VOLBI.2021.57.480.