Лишение статуса адвоката как последствие его привлечения к уголовной ответственности

Abstract

In the article, the author reviews consequences of bringing a lawyer to liability in the form of deprivation of the right of representation in court in the lawyer status. Special attention is paid to an analysis of the latest legal positions of the Constitutional Court of the Russian Federation with regards to the disproportion in the establishment of a permanent prohibition against carrying out of attorney activities in the event that an attorney is acknowledged guilty of an intentional crime. The author uses such analysis as a basis to conclude that the acknowledgment of this provision of the Federal Law on Legal Practice and Advocacy as unconstitutional is controversial. On the one hand, the government has solved the legal uncertainty and introduced constitutional protection of labor rights of disbarred citizens. But on the other hand, the legal community has lost a very powerful means of preventive and to some extent punitive impact on its representatives, whose intentional crimes did not only cause damage to their reputation but undermine the general trust of the society in the institution of advocacy.