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THE RIGHT FOR FREE LEGAL ASSISTANCE IN CRIMINAL PROCEEDINGS AS STATED IN THE INTERNATIONAL AND RUSSIAN LAW

I. Chebotareva, I. Revina
Thursday 8 November 2018 by Libadmin2018

ABSTRACT

Poor people with unsecured position or low-income must always have opportunities to maintain their rights in courts of justice. The ability to use free legal assistance is particularly important for people under criminal prosecution. Criminal procedure is the sphere of state activity, which can cause maximum limitation of a human rights, and its results can influence the whole human life. International legal acts, both global and local fortify not only the right of suspected and accused person to use attorney’s help but to do it absolutely free of charge. The article regards international law standards for free legal assistance in criminal proceedings, as well as legal views of European Human Rights Court connected with various aspects of this rights, examines the case law of the Court. The right for free legal defender in criminal proceedings is characterized as it is stated in Russian law of criminal procedure. Describes how to provide free legal assistance to the accused in Russia and analyzed as the Russian criminal procedural legislation complies with the norms of international law. The author makes conclusions about the extent to which the criminal procedure legislation of Russia complies with international standards on the issue of free legal aid in criminal proceedings.

Keywords: right of defence, free legal assistance, access to justice.


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