Countering the Violation of the Right of Detainees to Visits
( Pp. 231-239)

The article presents the results of a study of the problem of overcoming violations of the constitutional right of the accused to visits and personal life in cases that have a public resonance by criminal procedural means. According to the Constitution of the Russian Federation and international legal norms, in particular, Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, other acts of international law, the right of accused persons in custody to meet is unconditional and absolute. The same guarantee follows from Russian federal legislation, in particular, paragraphs 5 of Article 17, Article 18 of Federal Law No. 103-FZ of July 15, 1995 «On the detention of suspects and accused of committing crimes». This right is considered in the article in a broad sense and in two aspects: a) as an integral part of the complex of humanitarian rights of an individual in criminal proceedings; b) as a procedural guarantee of the defense party, including the exercise of legal powers directly in criminal proceedings and in other legal relations. Thus, the varieties of the latter are the right to meet with a lawyer (defender), the right to perform notarial and other legal actions with the help of intermediaries due to the presence of legal restrictions caused by detention. The author, when analyzing the practice of exercising the right of detainees to visits, states its systematic violations by representatives of the preliminary investigation, employees of institutions providing detention. The study of the causes of such violations led to the conclusion that they are mainly associated with the exertion of unlawful pressure on detainees to compel them to testify, commit other actions or abstain from them in the interests of the prosecution, for selfish (corruption) motives, revenge or intimidation (suppression of will). A variant of such illegal actions may be the impact on the relatives or relatives of the prisoner in custody, as well as his lawyer (defender). Examples of this are analyzed in detail in this article. The article is prepared on the basis of the author's work experience as a criminal lawyer and is devoted to the analysis of the following problem. In the article, the author explores the theoretical foundations and background of the problem, using the example of criminal cases that have a public resonance, analyzes the principles that ensure equality and competitiveness of the parties in criminal proceedings, the system of rights of participants in legal proceedings based on them, their legal regulation, the most common, most typical violations of dating. Next, the author examines the legal means and mechanisms (ways) to overcome these violations in the criminal process. a number of conclusions and proposals aimed at improving the legal protection of the rights of persons in custody, as well as their relatives (relatives), a lawyer (defender, representative). In conclusion, based on the conducted research, the author formulates a number of conclusions and proposals aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of overcoming violations of the constitutional right to defense.

Ilin D.V., (2022), COUNTERING THE VIOLATION OF THE RIGHT OF DETAINEES TO VISITS. Economic Problems and Legal Practice, 3 => 231-239.

Universal Declaration of Human Rights. Adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948 // https://www.un.org/ru/documents/decl_conv/conventions/torture.shtml. Date of access: 24.05.2022.
European Convention on Human Rights amended and supplemented by Protocols No. 11, 14 and 15, accompanied by an Additional Protocol and Protocols No. 4, 6, 7, 12, 13 and 16 // https://www.echr.coe.int/Documents/Convention_RUS.pdf. Date of access: 05/24/2022.
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted by General Assembly resolution 39/46 of December 10, 1984 // https://www.un.org/ru/documents/decl_conv/conventions/torture.shtml. Date of access: 24.05.2022.
International Covenant on Civil and Political Rights. Adopted by resolution 2200 A (XXI) of the General Assembly of December 16, 1966 // https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml. Date of access: 24.05.2022.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Adopted by General Assembly resolution 43/173 of December 9, 1988 // https://www.un.org/ru/documents/decl_conv/conventions/detent.shtml. Date of access: 24.05.2022
Federal Law No. 103-FZ of July 15, 1995 «On Detention of Suspected and Accused of Committing Crimes» // AS Consultant Plus. Date of access: 24.05.2022.
Federal Law «On Advocacy and Attorneyship in the Russian Federation» dated May 31, 2002 No. 63-FZ // AS Consultant Plus. Date of access: 24.05.2022.
Decision of the Constitutional Court of the Russian Federation of February 7, 2013 No. 133-O «On the refusal to accept for consideration the complaint of citizens Aslan Borisovich Berov and Batyr Khazratalievich Pshibiev on violation of their constitutional rights by Article 18 of the Federal Law "On the Detention of Suspected and Accused of Committing Crimes"» // https://sudrf.cntd.ru/document/499005721. Date of access: 24.05.2022.
Decision of the Constitutional Court of the Russian Federation dated June 17, 2010 No. 807-O-O «On the refusal to accept for consideration the complaint of citizen Novoseltsev Alexander Viktorovich about the violation of his constitutional rights by the second part of Article 7, Articles 264 and 278 of the Code of Criminal Procedure of the Russian Federation, Part 3 of Article 18 of the Federal Law "On Detention of Suspected and Accused of Crimes"» // http://sudbiblioteka.ru/ks/docdelo_ks/konstitut_big_8930.htm. Date of access: 24.05.2022
Decision of the Constitutional Court of the Russian Federation of 01.10.2009 No. 1053-O-O «On the refusal to accept for consideration the complaint of citizen Baikov Aleksey Alekseevich about the violation of his constitutional rights by Article 395 of the Code of Criminal Procedure of the Russian Federation, Article 18 of the Federal Law "On the Detention of Suspects and those accused of committing crimes", Article 4 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", Article 5 of the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" and paragraph 4 of Article 3 of the Federal Law of the Russian Federation" On the Election of the President of the Russian Federation» // https://legalacts.ru/doc/opredelenie-konstitutsionnogo-suda-rf-ot-01102009-n. Date of access: 24.05.2022
Decree of the European Court of Human Rights of October 9, 2008 in the case of Moiseyev v. Russian Federation (complaint no. 62936/00) // https://base.garant.ru/12167511. Date of access: 24.05.2022
Decree of the Constitutional Court of the Russian Federation of December 28, 2020 No. 50-P «On the case of checking the constitutionality of Article 77.1 of the Criminal Executive Code of the Russian Federation, Articles 17 and 18 of the Federal Law "On the Detention of Suspected and Accused of Committing Crimes" and paragraphs 139-143 of the Internal Regulations of pre-trial detention centers of the penitentiary system in connection with the complaint of citizen E.V. Paramonov» // https://rulaws.ru/acts/Postanovlenie-Konstitutsionnogo-Suda-RF-ot-28.12.2020-N-50-P. Date of access: 24.05.2022
Decree of the European Court of Human Rights of January 18, 1978 No. 5310/71 in the case of Ireland v. Great Britain; Ireland v. United Kingdom // https://europeancourt.ru/uploads/ECHR_Ireland_v_The_United_Kingdom_18_01_1978.pdf. Date of access: 24.05.2022
Gruzdev, V.V. Legal essence and purpose of a lawyer's warrant as an instrument for protecting the rights of a suspect, accused in criminal proceedings / V.V. Gruzdev // Advocate practice. 2008. No. 4. pp. 26-28.
Gurov, A.A. To the question of the admission of a defense counsel to participate in a criminal case at the stage of preliminary investigation // Criminal procedure legislation in modern conditions: problems of theory and practice: collection of articles / [Abramochkin V.V. and etc.]. M.: Wolters Kluver, 2010. pp. 167_172.
Meetings with the defender, relatives and other persons // https://base.garant.ru/1305540/a573badcfa856325a7f6c5597efaaedf. Date of access: 24.05.2022
Chayka, K.L. Ensuring the security of the individual in criminal proceedings (criminal legal problems) / K.L. Chayka. Khabarovsk: RIC KhGAEP, 2004. 224 p.

participants in criminal proceedings, the right to visits, competitiveness and equality of the parties in criminal proceedings, lawyer (defender, representative), relatives and friends of the accused, violation of constitutional and procedural rights, criminal procedural means of overcoming violations of constitutional rights, functions of a lawyer, appeal against violations of the right to visits, criminal cases that have a public resonance.