CEU Electronic Theses and Dissertations, 2024
| Author | Radchenko, Olga |
|---|---|
| Title | The Dark Future Of The Russian Bar: The Criminalization Of The Legal Profession Within Attorneys Professional Activities In Political Cases |
| Summary | The research examines the current state of legal practice and the challenges faced by defense attorneys in Russia, particularly those handling political cases. The primary regulatory framework is the Federal Law No. 63-FZ “On Legal Practice and Advocacy in the Russian Federation,” which defines the roles, rights, and obligations of attorneys, emphasizing their integral role in justice and human rights protection. Despite the increasing number of attorneys and the nominal structured support through the Bar and Regional Bar Associations (RBAs), the system faces significant issues. The Federal Bar Association (FBA) and RBAs, intended to support attorneys, have been criticized for insufficient action in protecting attorneys' professional rights, especially against state interference. Interviews with Russian lawyers reveal a deeply divided legal community, where many face state pressure and repression, particularly those defending political cases. The legal protection mechanisms in place are largely ineffective, and violations of professional rights are widespread, including unauthorized searches, pressure, and physical violence. The arrest of Alexei Navalny’s attorneys exemplifies the state's growing hostility towards attorneys associated with political defendants, equating the attorneys’ activities with their clients' alleged crimes. The study highlights the urgent need for more robust enforcement mechanisms and legislative reforms to ensure attorneys' independence and safety, in particular, introduction of criminal liablity for obstructing the activities of the attorney, establishment special commissions on protection of professional rights, etc. Without such reforms, the professional autonomy and fundamental role of attorneys in upholding justice remain severely compromised. Keywords: guarantees of independence of a lawyer, professional rights, protection of the rights of attorneys, attorneys in Russia, advocacy, defense of lawyers, protection of lawyers, persecution of lawyers, qualified legal assistance, Russian Bar, bar associations, legislative barriers, interview, Navalny, political case, political trial, monopoly, law on advocacy. |
| Supervisor | Kochenov, Dimitrii |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/radchenko_olga.pdf |
Visit the CEU Library.
© 2007-2021, Central European University