The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development

Occupation: leading researcher of the sector of Criminal Law, criminal procedure and criminology
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Moscow, Russia

Journal name

Gosudarstvo i pravo

Edition

Issue 9

Pages

90-98

Abstract

The Constitution of the Russian Federation guarantees each the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge. Every person detained, taken into custody, accused of committing a crime has the right to be assisted by a counsel (a lawyer) from the moment of detention, arrest or indictment, respectively. The article indicates the subjects of providing and receiving qualified legal assistance, reveals the content of the above constitutional provisions, shows how and to what extent they are implemented in the current legislation, what problems arise in the course of law enforcement, and what legal positions are taken by the Constitutional Court of the Russian Federation. At the same time, the author outlines the vectors of improving legal policy, including criminal policy, and also justifies socio-legal and other measures to ensure that the structure of society and the state more fully and accurately comply with the specified provisions of the Constitution of the Russian Federation.

Keywords

Constitution of the Russian Federation, constitutional law, Constitutional Court of the Russian Federation, legal policy, criminal policy, qualified legal assistance, free legal assistance, right to use the help of a lawyer, lawyer, notary, representative of the victim, legal entities

Received

26.01.2021

Publication date

29.09.2021

Number of characters

31359

Cite

GOST	Skoblikov P. The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development // Gosudarstvo i pravo – 2021. – Issue 9 C. 90-98 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520016730-4-1 (circulation date: 04.10.2024). DOI: 10.31857/S102694520016730-4
MLA	Skoblikov, Petr A "The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development." Gosudarstvo i pravo 9 (2021):90-98. DOI: 10.31857/S102694520016730-4
APA	Skoblikov P. (2021). The right to receive qualified legal aid: who helps and who is helped, the basic content of the right and its development. Gosudarstvo i pravo (9), pp.90-98 DOI: 10.31857/S102694520016730-4

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1. Albrant N.V. Accessibility of legal aid as a constitutional principle // Herald of the Chelyabinsk state University. Ser.: Law. 2015. No. 25 (380). P. 26–31 (in Russ.).

2. Amelkov N.S. Rendering qualified legal assistance to the applicant and the witness in criminal proceedings: abstract ... PhD in Law. M., 2014 (in Russ.).

3. Bondar O.N. Qualified legal assistance - the constitutional guarantee of judicial protection of human and civil rights and freedoms in the Russian Federation: abstract ... PhD in Law. Rostov n/D., 2008 (in Russ.).

4. Botnev V.K. Qualified legal assistance as a constitutional and legal guarantee of the protection of human and civil rights and freedoms: abstract … Doctor of Law. M., 2013. P. 2 (in Russ.).

5. Vasiliev A.A. The constitutional right to free qualified legal assistance in the Russian Federation: abstract ... PhD in Law. Saratov, 2012 (in Russ.).

6. Zakomoldin A.V. Qualified legal assistance in the criminal process of Russia: concept, content, guarantees: abstract ... PhD in Law. Samara, 2007 (in Russ.).

7. Lyubovenko E.S. The constitutional right to receive qualified legal assistance and the mechanism of its guarantee: Russian and foreign experience: abstract ... PhD in Law. Tver, 2008 (in Russ.).

8. Melnichenko R.G. The constitutional right to legal assistance: abstract ... PhD in Law. Volgograd, 2001 (in Russ.).

9. Mukhudinova N.R. Ensuring the constitutional right of everyone to receive qualified legal assistance in the Russian criminal process: abstract ... PhD in Law. Izhevsk, 2005 (in Russ.).

10. Nazarova M.V. Ensuring the right to qualified legal assistance in the arbitration process: abstract ... PhD in Law. M., 2013 (in Russ.).

11. Panchenko V. Yu. Legal assistance to the individual: a general theoretical aspect: abstract ... PhD in Law. Krasnoyarsk, 2004 (in Russ.).

12. Skiba E.V. Implementation of the constitutional right to qualified legal assistance in pre-trial proceedings in criminal cases: abstract ... PhD in Law. M., 2010 (in Russ.).

13. Skoblikov P.A. Motives of unjustified and illegal refusals to initiate criminal cases // Criminal process. 2013. No. 4. P. 68 - 74 (in Russ.).

14. Skoblikov P.A. Opposition to the law enforcement authorities to initiate criminal proceedings: a system of typical techniques and tricks // Law. 2016. No. 7. P. 92–105 (in Russ.).

15. Skoblikov P.A. Criminal and legal protection of victims of crime. M., 2004 (in Russ.).

16. Fomichev I.A. Problems of providing free legal aid in remote and sparsely populated areas // Intern. journal of Humanities and Natural Sciences. 2019. Issue 10-2 (37). P. 167–170 (in Russ.).

17. Himshiashvili P., Alyokhina M. There were three times fewer lawyers in Russia compared to Europe // RBC News Agency. 2018. 4 Oct. (in Russ.).

18. Khodilina M.V. The legal position of the Constitutional Court of Russia regarding the right of everyone to receive qualified legal assistance // Gaps in Russ. legislation. 2010. No. 1. P. 205 - 209 (in Russ.).

19. Shaikhullin M.S. On the issue of the mechanism of legal regulation of interaction between the bar and local self-government bodies in Russia // Administrative and Municipal Law. 2016. No. 10. P. 28 - 32 (in Russ.).