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EVIDENTIAL POWERS OF DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS OF RUSSIA IN CONTEXT OF THEORY, LAW AND PRACTICE DISCONNECTION
Abstract
The aim of the research is to solve the problem that experienced the inconsistency of Russian post-reform law, science and legal practice – the evidential powers of defense counsel in criminal proceedings which are defined by one rules of the law and denied by the other at the same time. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original understanding of the evidential powers of defense counsel in criminal proceedings and the reasons why they are legally fixed with fundamental contradictions. It's affirmed that though reforms in Russia made an impulse to the development of criminal procedure legislature, science and edu-cation they didn't modify the practice. The literature on this issue reflects two contra-dictive scientific approaches towards the problem not fully appreciated by practitioners. To justify that this situation can be corrected only by cooperation of theory and practice, authors make a review of scientific points of view and refer to the unique for Russia ju-dicial precedent (Judgment made by the Kursk Regional Court on Case file \# 2-4-06) when court applied the theoretical opinion on advocate's power to gather and form evi-dence. Finally, the proposals for the Russian criminal procedure law amendment are ex-pounded and an agenda for future research is discussed. The results of the research make a new basis for the further criminal justice studies and can be used in correcting the inconsistency of Russian criminal procedure legislation and in establishing the adequate level of partnership between theory and practice institutions in solving the criminal procedure problems.
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