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Improvement of Legal Professional Privilege Institute upon the Judgments of the Constitutional Court of Russian Federation and European Court of Human Rights

Student: Anna Tkacheva

Supervisor: Vladimir A. Sivitsky

Faculty: School of Law

Educational Programme: Advocacy (Master)

Final Grade: 8

Year of Graduation: 2019

One of the fundamental human rights is the right to receive qualified legal assistance guaranteed to everyone by article 48 of the Constitution of Russian Federation. The state, delegating part of its public functions to the bar, independently delineates the boundaries of the independence of lawyers. The frequency of complaints that fall to the Constitutional Court of the Russian Federation and the European Court of Human Rights tell as about the problem of defining clear boundaries of such interference in the activities and professional actions of the legal community. The main guarantee of the independence of the legal profession is the guarantee of the Legal Professional Privilege. The author of the research article attempted to generalize court practice in cases of violation of the guarantee of lawyer's Legal Professional Privilege, and also developed and proposed possible ways to improve the institution of Legal Professional Privilege.

Full text (added May 13, 2019)

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