Annotation

This article is devoted to the unsettled nature of criminal procedural legislation concerning the procedure for questioning a lawyer as a witness about circumstances that became known to him in connection with the provision of legal assistance. Following the issuance of the ruling by the Constitutional Court of the Russian Federation of April 11, 2019 No. 863-O "On the complaint of citizens Vladimir Vladimirovich Zubkov and Oleg Vladimirovich Krupochkin on the violation of their constitutional rights by the provisions of Articles 38, 88, 113, 125 and part one of Article 152 of the Criminal Procedure Code of the Russian Federation, as well as part 2 of Article 7 of the Federal Law "On the Investigative Committee of the Russian Federation", investigators began to apply to the court in accordance with Article 165 of the Criminal Procedure Code of the Russian Federation for permission to interrogate a lawyer as a witness. However, Article 165 of the Criminal Procedure Code of the Russian Federation does not provide for the participation of the lawyer himself, whose rights are affected by the future court decision. The participation of the defense attorney in such a trial will allow him to convey his position on the presence or absence of grounds for interrogation as a witness, on the existence of attorney-client privilege and the danger of its disclosure, on whether the lawyer is the holder of any information as witness, saw, heard or knows about the circumstances that are significant for the case, etc. In this regard, it is proposed to supplement Article 165 of the Criminal Procedure Code of the Russian Federation with Part 3.2, which eliminates the gap that has arisen in procedural regulation.