К вопросу о правовой позиции Конституционного Суда РФ о критериях «квалифицированной» юридической помощи в судебных процессах

Abstract

The article is devoted to a critical analysis of the legal position of the Constitutional Court of the Russian Federation, taken by him in the case of verifying the constitutionality of part four of Article 47 of the RSFSR Code of Criminal Procedure in connection with complaints by citizens B.V. Antipov, R.L. Gitis and S.V. Abramov (issued in 1997) in relation to the situation in modern Russia and the current procedural law. Using this methodology allows us to formulate a number of generalizations and conclusions, actualizing the discussion of 1997 today. Monopolization by the advocacy of the legal services market for the protection of criminal suspects and defendants has developed in Soviet Russia and, ultimately, has become established in modern society. This happened contrary to the intentions of the developers of the 1993 Constitution of the Russian Federation at the behest of the legislator, and the Constitutional Court of the Russian Federation did not dare to block this will with reference to the Constitution of the Russian Federation. One of the reasons for this state of the legal system is the uncertainty of the wording of Art. 48 of the Constitution of the Russian Federation, which in fact provided the legislator with excessively wide discretion.