On Determining the Amount of Remuneration (Fee) a Advocate in Criminal Proceedings

This article examines the issue of determining the remuneration (fee) of a lawyer providing qualified legal assistance under a contract. The author emphasizes the need for guaranteed and adequate compensation for such assistance and expresses concern about the possibility of unfounded criminal prosecution of lawyers under the Russian Criminal Code for fraud, pointing to negative consequences that cannot be fully assessed from a criminal law perspective alone. The inadmissibility of criminally prosecuting lawyers for high fees is directly related to ensuring the normal functioning of the criminal process and respecting the right to qualified defense. Such prosecution, contrary to the principles of equality, adversarial proceedings, and the independence of the legal profession, distorts criminal proceedings, puts pressure on the justice system, and creates lawyers’ dependence on law enforcement agencies and the court. To protect lawyers from unfounded accusations and not discredit their work, the author examines the regulation of lawyer fees and the advisability of establishing upper and lower limits for them. This aim is to assist lawyers in determining their amounts and to ensure the transparency, fairness, effectiveness, and legality of criminal proceedings.