The State Duma proposes to introduce criminal liability for obstructing the work of a lawyer

Vice Speaker of the State Duma from the New People party, Vladislav Davankov, reacted to the recent high-profile attack in Grozny on journalist Elena Milashina and lawyer Alexander Nemov. He prepared a bill providing for up to two years in prison for interfering with the work of lawyers, as well as additional procedural guarantees for defense lawyers. Three years ago, similar amendments were developed in the government, but they never reached the State Duma then. Now, the Ministry of Justice believes that the existing mechanisms for protecting participants in criminal proceedings are sufficient.

Vladislav Davankov proposes to supplement the Criminal Code (CC) with an article that provides for up to two years in prison for obstructing the legal activities of a lawyer. The bill has been sent for review to the government and the Supreme Court, the deputy told Kommersant. “The Criminal Code stipulates liability for interference in the work of judges and prosecutors,” he recalls. “For those who interfere with the work of lawyers, no punishment is provided. We all saw the result: the attack on Elena Milashina and Alexander Nemov.” Recallthat in July, journalist Milashina and lawyer Nemov, who flew to Grozny to announce the verdict in the case of Zarema Musayeva, were severely beaten by unknown persons.

Those who defend people in courts need ironclad security guarantees, Mr. Davankov insists.

“Hindering the work of lawyers means violating both the rights of the accused and the interests of justice,” the deputy believes. “It’s time to close this legislative gap so that threats and attacks on lawyers cannot be avoided.”

At the same time, the vice speaker did not even have to invent anything: his initiative was based on a bill developed back in 2020 by the Ministry of Justice. It assumes the appearance in the Criminal Code of a new Art. 294.1 (obstruction of the legal activities of a lawyer) – by analogy with the current art. 294, which provides for liability for interference in the activities of the court, prosecutor, investigator or interrogator. The same draft proposes to amend the Code of Criminal Procedure – in particular, to secure the right of a lawyer to get acquainted with the documents of the investigation drawn up before the initiation of a criminal case, and protocols of investigative actions, as well as copy them and know the composition of the investigation team. Investigators are ordered to make mandatory video recordings of interrogations and confrontations and to draw up a list of defense witnesses to be called to court.

The bill, as noted in the explanatory note, was published on the information disclosure portal, but it was never submitted to the Duma. This usually happens if the initiative fails to pass interdepartmental approval.

Vice-President of the Federal Chamber of Lawyers (FPA) Mikhail Tolcheev does not know exactly what exactly caused the stoppage of work on the draft law, which is important for the legal community. “But we feel serious opposition from the law enforcement and judicial system,” he states. Meanwhile, cases of attacks on lawyers in order to influence the course of justice are of particular danger, Mr. Tolcheev notes, because this is a matter of ensuring a real right to defense, which is not limited to the opportunity to hire a qualified lawyer. The state is obliged to provide the assistance of an independent lawyer who will not be afraid, and for this it is necessary to use certain mechanisms, emphasizes the vice-president of the FPA:

“Unfortunately, our procedural opponents do not see the need for special regulation. It is clear that it is easier for them to work in such conditions. But justice in general suffers.”

It seems that they no longer see the need for the bill in the Ministry of Justice either. In response to a request from Kommersant, the press service of the department explained that the ban on interference in the practice of law is provided for by the Law on the Bar. And the criminal law mechanisms for protecting the life and health of defenders are in Art. 295 and Art. 296 of the Criminal Code (provide liability for threats or acts of violence in connection with the administration of justice or the conduct of a preliminary investigation).

The first deputy chairman of the State Duma Committee on Legislation and former prosecutor Yuri Sinelshchikov is ready to support such a project if it is introduced, although one should not expect much effectiveness from it: there will be another “sleeping” norm, according to which they will not even initiate cases, he suggests. Not allowing lawyers to see their clients, which could be qualified as obstruction of their activities, was an urgent problem ten years ago, the deputy notes, and now there are more complaints about various procedural violations. So, if such a law is adopted, it will be more of a preventive nature, Mr. Sinelshchikov warns.

Anastasia Kornya