Процессуальные права представителя адвокатской палаты в ходе следственных действий, производимых в отношении адвокатов

Abstract

The article analyzes the procedural rights of the authorized representative of the Chamber of Lawyers as a participant in investigative actions, and the procedure for exercising these rights. It is argued that the participation of a representative of the bar chamber is aimed at ensuring the inviolability of information constituting a lawyer’s secret, and this circumstance determines the scope of the procedural rights of this subject. By participating in the conduct of the investigative action, the said subject represents the bar community, and cannot be considered either understood, nor as a specialist, nor as a lawyer or representative of the specific lawyer in respect of whom the investigative action is being carried out. The representative of the bar, on the one hand, defends the private interests of the bar community, and on the other hand, contributes to the implementation of public legal interests, ensuring the legality of the investigative action. On the basis of a systematic analysis of the law, the procedural rights are summarized and detailed, which the representative of the bar chamber is endowed with participation in investigative actions carried out against lawyers. Currently, these rights are systematized in a corporate act issued by the Federal Chamber of Lawyers of the Russian Federation. Taking into account the high significance, the feasibility of securing these procedural rights directly in federal legislative acts is justified.