On the Prohibition on Court Representation for a Person, Whose Lawyer Status is Terminated

The article considers changes in legislation regarding the establishment of the limits of the ban on judicial representation to a person whose lawyer status has been terminated due to criminal liability for an intentional crime. The main conclusions are that the current legal regulation makes it possible to circumvent the established ban on judicial representation. The inconsistency of establishing the term of the ban in question, without taking into account the nature and degree of public danger, of the committed act, is noted. The necessity of granting the court discretionary powers to establish a ban on judicial representation is substantiated. Legal problems are highlighted and ways to resolve them are proposed.

Authors

Publication Details

Journal
Advocate’s practice
Published
2024-10-24
DOI
https://doi.org/10.18572/1999-4826-2024-4-12-18
Primary Topic
Legal and Regulatory Analysis
Type
article
Field-Weighted Citation Impact
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article

On the Prohibition on Court Representation for a Person, Whose Lawyer Status is Terminated

Nikolay V. Budylin, V. D. Potapov
Advocate’s practice
Legal and Regulatory Analysis
article

On the Prohibition on Court Representation for a Person, Whose Lawyer Status is Terminated

Nikolay V. Budylin, V. D. Potapov
article en

Abstract

The article considers changes in legislation regarding the establishment of the limits of the ban on judicial representation to a person whose lawyer status has been terminated due to criminal liability for an intentional crime. The main conclusions are that the current legal regulation makes it possible to circumvent the established ban on judicial representation. The inconsistency of establishing the term of the ban in question, without taking into account the nature and degree of public danger, of the committed act, is noted. The necessity of granting the court discretionary powers to establish a ban on judicial representation is substantiated. Legal problems are highlighted and ways to resolve them are proposed.

Advocate’s practice
Openalex Percentile: Top 79%
Legal and Regulatory Analysis
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