Problems of judicial control over investigative actions in relation to a lawyer

Purpose of the study. The practical demand for the institution of judicial review requires the legislator to solve its problems, which include the gaps and inconsistencies of the current legislation in this area, which leads to violations of the rights of participants in criminal proceedings. It is especially important to regulate in detail in the Criminal Procedure Code of the Russian Federation the procedural order of judicial review of investigative actions in relation to a lawyer, since this is a guarantee of the protection of attorney-client privilege. The article examines a number of current problems of legal regulation of preliminary judicial review of investigative actions in relation to a lawyer. Conclusions. The authors propose to exclude from Article 450.1 of the Criminal Procedure Code of the Russian Federation the mandatory condition for conducting an inspection, search, seizure in relation to a lawyer: a criminal case initiated against the lawyer or his/her involvement as an accused. It creates unreasonable obstacles to the seizure of material evidence that is important for the criminal case. At the same time, the article emphasizes the importance of preserving the guarantees of protection of attorney-client privilege arising from the positions of the Constitutional Court of the Russian Federation: mandatory preliminary judicial review, participation of a representative of the Bar Association and restriction of access of participants in investigative actions to attorney proceedings. The article considers the problem of inconsistency in regulating the subject of judicial review of investigative actions carried out in relation to a lawyer in Part 3 of Article 8 of the Federal Law "On Advocacy and the Bar in the Russian Federation" and the Criminal Procedure Code of the Russian Federation. The violations of the rights of a lawyer in this area identified by the authors indicate the need to bring Articles 29, 165 of the Criminal Procedure Code of the Russian Federation in line with the requirements of the above-mentioned law and the legal positions of the Constitutional Court of the Russian Federation.