Dynamics of the Development of the Legal Profession in Ukraine and Its Impact on the Guarantees of the Rights of Suspects and Accused
Year: 2024
Type: article
Abstract: The establishment of a democraticstate governed by the rule of lawpresupposesnotonly the establishmentof the priority of humanrightsandfreedoms,butalsotheexistenceof a fundamentalandstablesystem of legislationthatshouldcontributeto the real and guaranteed protectionoftherights,freedomsandlegitimateinterestsofcitizens. One of the structural elements of exercising the right to defense is the possibility of a person to use qualified legal assistance from a defender (lawyer) chosen or appointed by him/her, and in cases provided for by the current legislation, free legal aid. The article analyzes the stages of formation and reform of the institution of advocacy in Ukraine. Separate issues are devoted to criminal procedural guarantees of human rights. The activity and expediency of a clearer definition and improvement of the procedural status of the defender (lawyer) as a participant in criminal proceedings in the provisions of the current Criminal Procedure Code of Ukraine are analyzed. The main guarantees of the rights of suspects and accused are outlined on the basis of the analysis of the legislation of Ukraine and the provision of proposals for its improvement. The problem of ensuring human rights and freedoms at the stages of pre-trial and judicial investigation, regarding criminal procedural guarantees of the rights of suspects during the application of preventive measures is considered. Five groups of procedural guarantees of the suspect's rights have been disclosed and the participation of a defense counsel has been determined, which is an important guarantee of a person's right to defense in criminal proceedings. Based on the results of the study, it is proposed to introduce a clearer definition and improvement of the procedural status of the defender (lawyer) as a participant in criminal proceedings in the provisions of the current Criminal Procedure Code of Ukraine.
Source: Scientific Notes Series Law
Authors: Oleh Predmestnikov, Svitlana Skrebovska
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401392907