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Malin P.M., Piven A.V., Nemira S.V. [On the role of a defense lawyer in the criminal court system] Political Science and Technology, 2026, Vol. 6, Iss. 1 Available at: https://politicjournal.ru/PDF/05PK126.pdf (in Russian).

On the role of a defense lawyer in the criminal court system

Malin Pyotr Mikhailovich
Kuban State Agrarian University named after I.T. Trubilin, Krasnodar, Russia
E-mail: malin.peter@yandex.ru
ORCID: https://orcid.org/0009-0007-9046-0009
RSCI: https://elibrary.ru/author_profile.asp?id=808900

Piven Alexey Vasilyevich
Kuban State Agrarian University named after I.T. Trubilin, Krasnodar, Russia
E-mail: natsoroka@yandex.ru
RSCI: https://elibrary.ru/author_profile.asp?id=408262

Nemira Sergey Vasilyevich
Kuban State Agrarian University named after I.T. Trubilin, Krasnodar, Russia
E-mail: sergei.nemira@yandex.ru
RSCI: https://elibrary.ru/author_profile.asp?id=945524

Abstract. The issues of the administration of justice have traditionally been among the priorities in the activities of any State. The main task is to provide a citizen with qualified legal assistance in the framework of criminal procedural activities. The authors of the article attempt to study the persona of a lawyer who acts as a defender of a suspect or accused in criminal proceedings from the perspective of systems theory and system analysis. Formally, modern criminal procedure theory is considered as a specific system that ensures high-quality justice in the state. In this regard, the article considers criminal proceedings as a system, which allows us to analyze its role as a systemic element of the «justice system» (the first one can also be considered as a subsystem in relation to the second one). The authors of the article convincingly prove that a proper defense lawyer, in fact, performs a specific balancing function in the criminal process. This allows him to ensure the stability and balance of the entire system aimed at realizing the right of the suspect and the accused to judicial protection. In the course of the system analysis conducted by the authors, problems leading to the destabilization of the system of administration of criminal justice were identified. The article substantiates the need to optimize the legal regulation of the balance of the Russian criminal court system, where the leading role would be assigned to a lawyer acting as a defender in a criminal case — the guarantor of balance in the criminal process. For this purpose, when constructing the norms of the criminal procedure codec of the Russian Federation, it is proposed to be guided by an interdisciplinary synthesis that includes advanced achievements in the science of criminal procedure, systems theory and system analysis. Only such synthesizing work will make it possible to balance the defender’s activities with the requirements of legality and justice.

Keywords: lawyer; defender; defense in criminal proceedings; system; theory of systems; criminal justice; balance in the criminal justice system; lawyer as a balancer in the justice system; properties of the legal system

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