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: 22.07.2024). 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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