Despite the fact that the Code of Criminal Procedure of the Russian Federation does not contain restrictions on the removal of copies from the materials of the criminal case, and the Constitutional Court of the Russian Federation forced and stubbornly repeats this for more than 20 years, investigators continue to abuse their rights, trying to prevent the professional activities of the defenders.
The Basmanny District Court of Moscow satisfied the complaints of lawyer Pavel Zaitsev, filed in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, and recognized the actions of a senior investigator for particularly important cases under the chairman of the IC of the Russian Federation, expressed in the refusal to remove copies from the decision on the appointment of a commodity examination and the protocol of the interrogation of the accused in a criminal case. Lawyer Pavel Zaitsev called on lawyers to increase the practice of appealing the illegal actions of investigators, defending the constitutional right of citizens to defense. Evgeny Rubinstein, a member of the Council of the Russian Bar Chamber of Moscow, emphasized that the restrictions on citizens’ rights to access to information can only be established by law. And since the law does not contain any indications of such restrictions, the form of familiarization (personal reading, writing on the recorder, discharge, photographing) cannot be arbitrarily limited to officials. Lawyers called the decisions of the Constitutional Court of the Russian Federation, which contains this legal position.
“ВЧК ОГПУ”
