Ensuring Guarantees of Independence for Advocacy in Criminal Proceedings: Problems and Solutions (Based on the Results of a Survey of Advocates in 2025)
Annotation
The article, based on data from a professional survey of lawyers and the author's personal experience as a criminal defense attorney, identifies and examines systemic issues that obstruct the effective realization of the right to defense in the Russian criminal justice system. The empirical foundation of the research consists of survey results that reveal concerning trends, such as systematic pressure on lawyers and their clients, the formalization of adversarial proceedings, restrictions on the procedural capabilities of the defense, and professional risks for lawyers themselves. The theoretical analysis of the problem is conducted through the lens of guarantees for the independence of the legal profession and the procedural rights of defenders. The author concludes that the system is in a persistently critical state, where the declared principles of adversarial proceedings and the presumption of innocence are significantly distorted in practice. In conclusion, a range of legislative and systemic measures is proposed to address and restore genuine adversarial proceedings as the cornerstone of fair justice
Keywords
| Type | Article |
| Information | Advocate’s Practice № 02/2026 |
| Pages | 20-24 |
| DOI | 10.18572/1999-4826-2026-2-20-24 |
