Theoretical and Applied Aspects of Criminal Law and Procedural Ensuring the Right to Defense
Year: 2026
Type: article
Abstract: The relevance of the research stems from the growing importance of the right to defense inUkraine’s criminal justice system, especially under martial law, when procedural guaranteesbecome crucial for ensuring the rule of law. The need to harmonize national procedures withEuropean standards of adversarial proceedings and equality of parties highlights the necessityof a comprehensive analysis of the current state of criminal procedural protection of the rightto defense. The purpose of the study is to clarify the legal, institutional, and practicalmechanisms for implementing the right to defense in criminal proceedings in Ukraine. Themethodological basis includes systematic, comparative legal, formal legal, and statisticalmethods, enabling an integrated analysis of legislation, judicial practice, and internationalreports (Council of Europe, Eurostat, UNODC, OECD).The results demonstrate that Ukraine isgradually approaching European standards, yet key structural challenges remain: limitedaccess of defense attorneys to case materials, inequality of resources between the parties,and insufficient oversight of prosecutorial actions. Indicators for 2021–2024 show growingparticipation of defense attorneys alongside an increase in pre-trial investigation duration.Comparative data reveal that funding of free legal aid in Ukraine is 2–2.5 times lower than the European average, creating practical asymmetry between the parties.The practical significance lies in recommendations to improve early access to legal assistance, strengthen judicial control, and ensure confidentiality of defense activities. The findings can support the development of justice sector strategies, improvements to criminal procedure legislation, and enhancement of legal aid effectiveness.
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7140210657
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