Amelkov, N.S. Provision of qualified legal aid to the claimant in criminal judicial proceedings

Abstract: This article concerns the problem of provision of legal aid by an advocate to a claimant as a person taking part in the proceedings at the stage of initiation of a criminal case, preliminary investigation and judicial proceedings. The author have analyzed the procedural position of claimant considering the amendments to the Criminal Procedural Code of the Russian Federation with the Federal Law N. 23-FZ of March 4, 2013 “On amendments into Art. 62 and 303 of the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation”. The author evaluates the issues of provision of qualified legal aid to claimant at the stage of his explanations to the officials, and the problems of participation of an advocate when holding a search of at the place of residence of a claimant, who is not a suspect or an accused, but who has informed about the violations which took place during such a search. Based upon the studies the author offers to amend the Criminal Procedural Code of the Russian Federation by including a new Art. 60.1 “Claimant”, providing for his procedural position and his right for qualified legal aid.

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