It is necessary to implement the rights of lawyers in the Criminal Procedure Code, – an opinion

The current law “On the Advocacy” is of high quality to protect the rights of lawyers. However, the relevant provisions do not work in practice.

It was said by the lawyer, a member of the Committee for the Protection of the Rights of Lawyers and Guarantees of Lawyers’ Activities at NAAU Artem Zakharov at the general conference of NAAU and CCBE “Rights and Obligations of Lawyers in the Course of Investigation”.

In particular, he noted that the Criminal Procedure Code does not specify a procedure for appealing against searches. However, recently law enforcement officers search lawyers, interfere in the legal profession, and violate advocate secrets.

“The appeal of the actions of law enforcement officers usually lasts for a year and a half. We will reach the ECHR. However, there are no effective mechanisms to oppose arbitrariness during searches and appeal such actions”, said the lawyer.

In addition, he noted that in the criminal process, in fact, there is no adversarial system between the parties. For example, when law enforcers apply to the investigating judge for obtaining evidence, they get permission for the next day. At the same time, lawyers wait six months-a year and get refusals. Because the situation changes during this time. Therefore, according to A. Zakharov, it is necessary to implement the rights of lawyers in the CPC, and not only to fix them in the profile law.

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