ON THE INDEPENDENCE OF DEFENSE ATTORNEY ACTIVITIES IN CRIMINAL PROCEEDINGS

Fedorin Vladimir Evgenievich

The article examines current issues, theories, and practices related to the independence of a defense attorney in criminal proceedings. The legislative standards for the objectivity and impartiality of a defense attorney and their activities are significantly inferior to the similar requirements imposed on the judicial system and other participants in criminal proceedings, such as prosecution bodies, experts, specialists, and interpreters. Despite the possibility of personal bias or the presence of personal interests in a defense attorney, their partiality must either fully coincide with the legitimate interests of the defendant or, at the very least, not contradict them or violate their rights. It is unlawful to completely deny the necessity of objectivity and impartiality of a defense attorney, as well as the importance of objective defensive activities. Legislation, including the Criminal Procedure Code of the Russian Federation and regulatory acts governing the activities of attorneys, provides several legal guarantees aimed at ensuring the objectivity and impartiality of the defender. Some of these provisions require revision. It is advisable to amend Part 1, Article 72 of the Criminal Procedure Code of the Russian Federation to include a provision stating that a defense attorney is not entitled to participate in the proceedings of a criminal case if they previously served as the head of an investigative department or held a position in bodies conducting operational investigative activities within the framework of this case.

Keywords:independence, bias, objectivity, impartiality, challenges, legal guarantees, investigator, inquirer, prosecutor, court, judge, investigative body, attorney, representative, suspect, accused, victim.