The Principle of Ensuring the Right of a Suspect and an Accused Person to Defence in the Practice of the European Court of Human Rights and in Russian Criminal Proceedings

In the present paper theoretical and practical features of the implementation of the principle of securing the right to defence for the suspect and accused are examined, including elaboration of its essence and content. The paper also includes a description and characteristic of the main problems that arise in the practice of application of law in connection with the implementation of the principle of securing the right to defence for the suspect and accused. The conducted within the framework of the paper analysis includes generalisation of the provisions of normative legal acts, judgments of the European Court of Human Rights, legal positions of the Constitutional and Supreme Courts of the Russian Federation, materials of judicial and legal practice. Particular emphasis is placed on the consideration of the judgments of the European Court of Human Rights on the interpretation of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950. The paper also includes the analysis of several scientific literature sources, including the study of monographs and articles from different journals and other periodicals that highlight the most relevant and problematic aspects of the implementation of the principle.