Defender’s right to participate in investigative and other procedural actions under the law of the Azerbaijan Republic

Authors

  • Aydin Jamil oglu Aliyev Institute of law and human rights of the National Academy of Science of Azerbaijan, 115 H. Javid Avenue, Baku AZ1073, Azerbaijan; Bar association of Azerbaijan, 100 J. Hajibeyli Street, Baku AZ1007, Azerbaijan https://orcid.org/0000-0001-8492-7118

Keywords:

criminal trial, investigative actions, other procedural actions, defender, rights of a defender, participation in proceedings

Abstract

The article is devoted to the study of problems associated with the exercise of the right of a defender to participate in investigative or other procedural actions carried out by the body conducting the criminal process, as provided for in art. 92.9.3 of the Criminal Procedure Code of the Republic of Azerbaijan. As a result of the study, the author concludes that the text of this article does not meet the relevant requirements. The reason is that the text of the article has an inaccessible language style and content. In order to eliminate the identified problems, the author considers it appropriate to remove from the text of art. 92.9.3 of the of Criminal Procedure Code of the Republic of Azerbaijan expresses «on the proposal of the body conducting the criminal process to participate in investigative or other procedural actions carried out by this body», taking into account the proposed changes, give the specified article in a new edition, and thereby determine the right of the defender to participate in all investigative and other procedural actions carried out with the participation of his client.

Author Biography

  • Aydin Jamil oglu Aliyev , Institute of law and human rights of the National Academy of Science of Azerbaijan, 115 H. Javid Avenue, Baku AZ1073, Azerbaijan; Bar association of Azerbaijan, 100 J. Hajibeyli Street, Baku AZ1007, Azerbaijan

    PhD (law), docent; senior researcher at the Institute of law and human rights, Institute of law and human rights of the National Academy of Science of Azerbaijan, and lawyer, Bar association of Azerbaijan

References

  1. Stetsovskii YuI. Advokat v ugolovnom sudoproizvodstve [Lawyer in criminal proceedings]. Moscow: Yuridicheskaya literatura; 1972. 160 p. Russian.
  2. Teterin BS. [The bill did not take into account the opinion of the legal community]. Rossiiskaya yustitsiya. 1994;12:12–20. Russian.
  3. Golovko LV, editor. Kurs ugolovnogo protsessa [Course of criminal proceedings]. Moscow: Statute; 2017. 1280 p. Russian.
  4. Bykov LM, Bykov VM. [Familiarisation of the accused and his counsel with the criminal case materials under the Criminal Procedure Code of the Russian Federation (scientific and practical commentary)]. Advokatskaya praktika. 2002;5:34–38. Russian.

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Published

2021-05-18

Issue

Section

Сriminal Law, Criminal Procedure and Criminalistics

How to Cite

Defender’s right to participate in investigative and other procedural actions under the law of the Azerbaijan Republic. (2021). Journal of the Belarusian State University. Law, 1, 75-80. https://journals.bsu.by/index.php/law/article/view/3098