JUDICIAL CONTROL OVER A CHALLENGE OF A LAWYER: PROBLEMATIC ASPECTS

Abstract

Judicial control over the challenge of a lawyer raises many questions. In practice, the opportunity to appeal this decision of the investigator (interrogating officer) in a judicial proceeding is not always recognized. Meanwhile, decision of the Constitutional Court gives rise to a clear conclusion that the appeal is admissible. Forming practice of administration of complaints on the decision of an investigator (interrogating officer) about a challenge of a lawyer indicates the presence of a number of procedural violations. Among them: failure to notify the client of an attorney about the time and place of litigation, incorrect determination of jurisdiction, invalidity of court’s decisions.

About the authors

A. S. Taran

Samara State University

Author for correspondence.
Email: morenov.sv@ssau.ru
ORCID iD: 0000-0002-1825-0097
Russian Federation

References

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  2. Decree of the Presidium of St. Petersburg city court from April 18, 2001. Biulleten’ Verkhovnogo Suda RF [Bulletin of the Supreme Court of the Russian Federation], 2002, no.1, pp.
  3. -[in Russian].
  4. Decision of the Constitutional Court of the Russian Federation from March 19, 2009 no. 322–O-O «About refusal in admission for consideration of complaint of a citizen Inalova S.A. on violation of her constitutional rights by the stipulations of 8 and 9 clause 4 article 47, clause 3 part 1 article 72 and clauses 1 and 4 article 354 of the Criminal Procedure Code of the Russian Federation» [in Russian].
  5. Decision of the Constitutional Court of the Russian Federation dated September 24, 2012, no. 1515 «About refusal in admission for consideration of the complaint of the citizen Shorcheva Yu.V. on violation of his constitutional rights part 1 article 69, clause 3 part 1 and part 2 article 72 of the Criminal Procedure Code»; Determinations of the Constitutional Court of the Russian Federation dated 24 September 2012, no. 1796 «About refusal in admission for consideration of the
  6. complaint of a citizen Efimova N.E. on violation of her constitutional rights clause part 1 Article 72 of the Criminal Procedure Code»; Determination of the Constitutional Court of the Russian Federation dated 24 September 2012, no. 1515-O. [in Russian].
  7. Determination of the Constitutional Court of the Russian Federation from March 19, 2009 no.322-O-O «About refusal in admission for consideration of the complaint of a citizen Inalova S.A. on violation of her constitutional rights by the stipulations of 8 and 9 clause 4 article 47, clause 3 part 1 article 72 and clauses 1 and 4 article 354 of the Criminal Procedure Code of the Russian Federation»; Determination of the Constitutional Court of the Russian Federation from October 13, 2009 no. 1111-O-O «About refusal in admission for consideration of the complaint of a citizen Kardash S.V. on violation of his constitutional rights clause 3 part 1 and part 2 article 72, part 5 article 355 of the Criminal Code of the Russian Federation»; Determination of the Constitutional
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  9. Russian Federation»; Determination of the Constitutional Court of the Russian Federation from November 9, no. 1573 – O-O «About refusal in admission for consideration of the complaint of a citizen Dubinina T.N. for violation of her constitutional rights part 1 article 69 and clauses 1 and 3 of part 1 article 72 of the Criminal Procedure Code of the Russian Federation» [in Russian].
  10. Cassational ruling of the Moscow city court dated October 15, 2012 with regard to case no. 22-13467/2012 in SPS Consultant +; Cassational ruling of the Supreme Court of the Republic of Karelia from June 18, 2012 with regard to case no. 22k-1236/2012 (excerpt) in SPS Consultant + [in Russian].
  11. Cassational ruling of the Moscow city court dated October 10, 2012, no.22-13363/12 in SPS Consultant+; Cassational ruling of the Moscow city court dated January 10, 2013 with regard to case no.22k-159 in SPS Consultant+; Cassational ruling of the Moscow city court dated April 8, 2013 no. 4u/8-2295 in SPS Consultant +; Cassational ruling of Moscow city court dated January 16, 2013 with regard to case no. 22-231 in SPS Consultant+; Cassational ruling of Moscow city court
  12. dated November 12, with regard to case no.22-14193/2012 in SPS Consultant+; Cassational ruling of Moscow city court from June 25, 2012 with regard to case no. 22-8394 in SPS Consultant+ [in Russian].
  13. Official website of the court of the Yamalo-Nenets Autonomous Okrug. Overview of court practice of criminal trial on appeal for the fourth quarter of 2013. Retrieved from: http://oblsud.ynao.sudrf.ru/modules.php?name=press_dep&op=1&did=651 [in Russian].
  14. Official website of the court of the Yamalo-Nenets Autonomous Okrug. News from 05. 02. 2014. http://oblsud.ynao.sudrf.ru/modules.php?name=press_dep&op=1&did=653 [in Russian].
  15. See: Cassational ruling of the Supreme Court of the Republic of Karelia dated June 18, 2012 with regard to case no. 22k-1236/2012 (excerpt) in SPS Consultant + [in Russian].
  16. Cassational ruling of the Moscow city court dated January 16, 2013 with regard to case no. 22-231 in SPS Consultant + [in Russian].
  17. Cassational ruling of the Moscow city court dated January 10, 2013 with regard to case no.22k-159 in SPS Consultant +; Cassational ruling of the Moscow city court dated September 17, 2012 with regard to case no.22-12494/2012 in SPS Consultant + [in Russian].
  18. Cassational ruling of the Moscow city court dated August 8, 2011 with regard to case no.22-8849 in SPS Consultant + [in Russian].
  19. Decree of the Moscow city court dated April 26, 2013, no. 4u/5 - 2774/13 «About refusal in transferring cassational appeal for consideration in the court of cassation in SPS Consultant + [in Russian].

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