Constitutional Court of the Russian Federation in protection of rights of lawyers (defenders) as subjectsof constitutional right of person to judicial protection

As it is known, the Constitutional Court of theRussian Federation being a judicial body of the constitutional control freely and independently carries out judicial power by means ofthe constitutional legal proceedings. A distinctive feature of the position of the Constitutional Court in our country is that according toArticle 10 of the Constitution of the Russian Federation being one of the public authorities it simultaneously acts as the arbitratorbetween the state and citizens, and citizens thus are the party equal in rights in dispute with the state. It is lawful to assume that aspiringto provide this equal position of the person and the citizen in relations with the state, the Constitution of the Russian Federation declaresthe person, its rights and freedom a supreme value, and recognition, observance and protection of its rights and freedom - a state's duty(Article 2 of the Constitution of the Russian Federation). Truly, for an individual person to balance with the state, it must be placedabove the state. By the judge of the Constitutional Court of the Russian Federation K.V. Aranovsky, ''the Constitution of the RussianFederation prioritizes the constitutional values of the person, its rights and freedom''. The Constitution of the Russian Federation assignsprovision of the rights and freedom of the person and the citizen to justice (Article 18 of the Constitution of the Russian Federation)which, besides owing to the Constitution command, is carried out on the basis of competitiveness and equality of the parties (Part 2Article 123 of the Constitution of the Russian Federation). The parties in any litigation on protection of public interests are the state inthe name of this or that authority and the citizen. A quite reasonable assumption is that due to the complexity of legislation in any stateand uneasy judicial procedural rules every person will need help of a corresponding expert, a professional lawyer, to protect the person'srights and freedom. So, the Constitution of the Russian Federation, without naming the Bar a separate, independent law-enforcementstructure, actually solves the question on its mission and defines its role in legal proceedings on provision of the rights and freedom ofthe person and the citizen. Rendering of qualified legal aid is, thus, a constitutionally fixed duty for the Bar and lawyers (defenders)while every person has a right to receive such help from the lawyer, which is guaranteed by the state and carried out by lawyers.

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