Theoretical and applied aspects of criminal law and procedural ensuring the right to defense
Year: 2026
Type: article
Abstract: The relevance of the research is due to the growing role of the right to defense in the criminal justice system of Ukraine, especially in conditions of martial law, when ensuring procedural guarantees becomes critical for compliance with the principles of the rule of law. The purpose of the research is to clarify the legal, institutional, and practical mechanisms for the implementation of the right to defense in criminal proceedings in Ukraine. The methodological basis is the systematic, comparative legal, formal legal, and statistical methods, which allowed combining the analysis of the regulatory framework, judicial practice, and international reports (Council of Europe, Eurostat, UNODC, OECD). As a result, it was found that the Ukrainian system is gradually approaching European standards, but retains structural challenges—in particular, limited access of the defense attorney to the case materials, inequality of resources between the parties, and insufficient control over the actions of the prosecutor. The dynamics of indicators for 2021-2024 indicate an increase in the participation of defense attorneys in criminal proceedings and, at the same time, an increase in the duration of the pre-trial investigation. A comparative analysis indicated that the financing of the free legal aid system in Ukraine is 2-2.5 times lower than the average European level, which causes practical asymmetry between the parties to the process. The results obtained can be used to develop state strategies in the field of justice, improve criminal procedural legislation and increase the effectiveness of legal aid.
Source: Dixi
Institution: Lviv State University of Internal Affairs
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7167470612
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