Елена Самтынова
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Минюст России подготовил законопроект, которым предлагается внести ряд поправок в Уголовный кодекс и Уголовно-процессуальный кодекс. Так, проект предусматривает1 дополнение УК РФ новой статьей 294.1 об установлении уголовной ответственности за вмешательство в законную деятельность адвоката, воспрепятствование осуществлению его профессиональных полномочий, если это деяние повлекло причинение существенного вреда правам и законным интересам граждан или организаций либо охраняемым законом интересам общества или государства. За совершение таких действий предлагается назначать один из следующих видов наказаний:
штраф в размере до 80 тыс. руб. или в размере заработной платы или иного дохода осужденного за период до шести месяцев; обязательные работы на срок до 360 часов; исправительные работы на срок до одного года.
Предусматривается также усиленная ответственность за те же деяния, совершенные с квалифицированными признаками: группой лиц по предварительному сговору и с использованием служебного положения, а также с применением насилия.
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В УПК РФ планируется внести изменения, уточняющие права подозреваемого, обвиняемого при его участии в следственных действиях, права защитника, например, осуществлять аудио-, видеозапись следственного действия с участием подозреваемого, обвиняемого, а для следственных органов – устанавливающие обязанность проводить очную ставку с обязательным проведением аудио- и (или) видеозаписи, материалы которой подлежат приобщению к протоколу допроса и хранению при уголовном деле. Кроме того, предлагается закрепить обязанность органов расследования гарантировать защитнику участие в следственных действиях, производимых по его ходатайству, ходатайству подозреваемого или обвиняемого, а также гарантировать участникам процесса возможность приобщения к материалам уголовного дела представляемых ими заключений специалиста и (или) иных документов.
Как отмечено в пояснительной записке к законопроекту, в настоящее время в УК РФ содержится норма, предусматривающая ответственность за вмешательство в какой-либо форме и воспрепятствование деятельности суда, прокурора, следователя или лица, производящего дознание (ст. 294 УК РФ), однако ответственность за вмешательство в профессиональную деятельность адвоката не предусмотрена, несмотря на то, что адвокат является субъектом уголовной ответственности как за совершение общеуголовных преступлений, так и преступлений против правосудия.
Внесением указанных поправок авторы законопроекта намерены ввести дополнительные гарантии реализации принципа состязательности сторон в части установления режима охраны профессиональных прав адвоката от преступных посягательств со стороны. «Принятие предлагаемых изменений будет способствовать укреплению престижа и повышению эффективности адвокатской деятельности и, как следствие, обеспечению действенной реализации права на получение квалифицированной юридической помощи, предусмотренной статьей 48 Конституции Российской Федерации», – следует из информации на сайте Минюста России.
Антикоррупционная экспертиза и общественное обсуждение законопроекта на федеральном портале проектов нормативных правовых актов завершатся 15 сентября.
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1 С текстом законопроекта «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации (в части установления дополнительных гарантий реализации принципа состязательности сторон)» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/09-20/00107783).
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