Реализация социально-правовой функции адвокатом по назначению в уголовных и гражданских делах, в которых содержится государственная тайна

Abstract

The article delves into the realization of the social and legal function of the appointed advocate in criminal and civil proceedings in cases involving state secrets, as well as problematic issues and liability that may occur in case of its divulgence. The relevance of the research topic is that in Russia there is an increase in the number of convictions under Article 283 of the Criminal Code of the Russian Federation – disclosure of state secrets. In addition, the article discusses theoretical issues, the relationship between attorney-client privilege and state secrets, and provides examples from judicial practice. From a certain angle, the author is convinced that it is necessary to investigate the issue of the advocate’s activity on appointment in criminal and civil cases, in which there is a state secret, in order to further develop recommendations for advocates. The formal legal method, the method of comparative analysis, synthesis, the inductive method, generalization and systematization of scientific sources on the research problem, comparative and predictive methods were used.