According to the bill, prepared by the Supreme court of Russia, is expected to limit the ability to complain of a consequence and inquiry.
MOSCOW, 1 Dec. In the relevant Committee of Federation Council on constitutional legislation and state construction will prepare the opinion on the draft law of the Supreme court of the Russian Federation about the limitation of the possibility to complain about the result, when the document is submitted to the chamber. The Committee will determine its position after consultation with the professional community, said Tuesday the head of Committee Andrey Klishas.
The Supreme court of the Russian Federation has prepared a bill, which is supposed to limit the ability to complain of a consequence and inquiry, told journalists the Chairman of the Supreme court Vyacheslav Lebedev. The new bill proposes to regulate what actions the investigation may be appealed in court.
“Conceptually, we agree with the Supreme court. When there is a possibility to appeal against all actions, this is in practice very often leads to abuse of the right”, — said Klishas.
But at the same time the appeal procedure in the framework of criminal proceedings is an important mechanism of redress and it is important that this mechanism worked effectively, the MP said.
“When the bill goes to the Federation Council, we will give him the opinion and determine its position on the basis of consultations with civil society, human rights activists and legal community,” said Klishas.
Will reduce the quality of protection
“I understand the reasoning of the Supreme court, but the proposed resolution is not acceptable, exactly because it can seriously reduce the quality of protection and to diminish the constitutional rights of citizens”, — said the state Secretary of the Federal chamber of advocates (FCA) Konstantin Dobrynin.
Complaints against actions of investigators really are turning millions of citizens, and this happens for three reasons: firstly, because the rights of millions indeed violated in criminal proceedings and counsel is required, using the mechanisms of restoration of violated rights, protect these rights, he said.
In addition, the brand appeal just sometimes practised by some defenders, foreseeing the result in advance, in order to “show” the work to the client or categorical insistence that the legally savvy client, but the percentage of such complaints is still small.
This is done often “in order to get some information about a criminal case under investigation or the ongoing verification as currently the party of protection has the right to review only those proofs (protocols, decisions, etc.) that are obtained with the participation of the defendant, or all the materials, but only immediately before submission of the case to the court, when to verify or refute certain arguments of a consequence it’s already too late,” said Dobrynin.
When the appeal of those or other actions or inactions by the investigator and the Prosecutor must submit to the court in substantiation of the legality of their actions, with which the defense is entitled to see, added the state Secretary of the FCA.
“I think that if reasonable legislative expansion of the list of documents in the criminal case is mandatory to provide side protection for review will be a natural decline of predictable complaints procedure article 124 -125 of the code. And new developments, especially those that might diminish the constitutional rights of citizens, in the CPC on this matter is not required,” he added. This may be a reasonable and balanced legislative solution to this problem, says Dobrynin.