The issue of the influence of advocate's privileges and immunities on his criminal liability
The article deals with the influence of privileges and immunities of the advocate on his criminal responsibility. The absence of a uniform concept of immunity in the science of criminal law, the insufficient development of conceptual and terminological apparatus, the lack of a specific range of persons in respect of which the immunities and privileges provided by the Russian legislation, contribute to the incorrect qualification of the crime committed by special subjects, violate their rights and legitimate interests. The purpose of this article is to analyze the issues of understanding and correlation of the category of «legal immunity» with other categories of material and procedural law; consider problems related to inconsistency of norms of criminal and criminal procedural legislation; investigate the impact of privileges and immunities of a lawyer, as a special subject, on his criminal responsibility. The author used the universal philosophical method of cognition of legal phenomena, methods of formal logic (analysis, synthesis and others),structural-functional, linguistic and other methods. As a result of researching the issues, the author made a distinction between the category of «immunity» from other categories of criminal law, concluded that it is incorrect to equate legal immunity and grounds for criminal liability, formulated suggestions to correct gaps and contradictions in the norms of criminal law and criminal procedure. These conclusions can be used to improve national legislation. Solving problems with the privileges and legal immunities of the advocate in theory and in practice, will help the just resolution of issues of criminal responsibility of special subjects of crime.