The subject of the research in this article is the procedural aspect of the state's payment for lawyers by appointment in criminal proceedings. Currently, it is considered that absolutely all their actions in a criminal case in the interests of the principal are subject to payment. In the course of the research, it was found that this does not take into account, firstly, that providing qualified legal assistance to the client is an exclusively mental process, therefore all auxiliary, technical actions such as printing, creating procedural documents in electronic form, submitting, receiving documents, and the like are not subject to payment. Secondly, consultations to the client are not subject to payment due to the prohibition of disclosure of attorney-client privilege, as well as the actions of lawyers appointed in the interests of the client outside the framework of the preliminary investigation and trial, since they cannot be measured and recorded in time as they occur mentally. The author reasonably concluded that the only accounting unit for the work of lawyers for their intended purpose may be their participation in the preliminary investigation and court proceedings.
Aleksandr V. Bogdanovsky (Thu,) studied this question.