LEGAL REGULATION OF CONFIDENTIAL ASSISTANCE OF LAWYERS TO BODIES CARRYING OUT OPERATIVE-RESEARCH ACTIVITY: LEGAL COLLISION AND WAYS TO RESOLVE IT

Year: 
2023

Article:

Issue: 
3

UDC: 
343
DOI: 
10.34076/22196838_2023_3_42
Author(s): 

Sofronov Dmitrii

Adviser to the president, Union Chamber of Commerce and Industry of the Vologda Region (Vologda), ORCID: 0000-0002-1676-5863, e-mail: sdn_35@mail.ru.

Author(s): 
Sofronov Dmitrii
Abstract: 

Based on the analysis of the contradictions between Art. 17 of the Federal Law «On Operative-Research Activity», paragraph 5 of Art. 6 of the Federal Law «On Advocacy and the Bar in the Russian Federation» and clause 3.1 of Art. 9 of the Lawyer’s Code of Professional Ethics states that there is no generally recognized rule and method for resolving the legal collision between them. Based on the results of consideration of the arguments presented in the article, it is concluded that a change in the situation is possible only by eliminating conflicts in the framework of lawmaking activities, which involves clarifying the position of the legislator on the issue of the permissibility of confidential assistance of lawyers to bodies carrying out operative-research activity.

Key words: 

operative-research activity, confidential assistance, lawyer, legal collision

For citation: 

Sofronov D. (2023) Legal regulation of confidential assistance of lawyers to bodies carrying out operative-research activity: legal collision and ways to resolve it. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 3, pp. 42–52. DOI: https://doi.org/10.34076/22196838_2023_3_42.

Text of the article: 

Publication date: 
Monday, 20.11.2023

English