Legal aid and defense in criminal proceedings feature: harmonization of doctrine
Journal Title: Правова позиція - Year 2017, Vol 2, Issue
Abstract
The article reveals the notion of protection and legal assistance, doctrinal problems improve and harmonizing legislation, resolve legal conflicts, ensure the effectiveness of institutions for the protection and legal assistance, strengthening of guarantees for the protection of human rights and freedoms. Legal assistance is a multiple-aspect bar activities, aimed at ensuring the rule of law, which constitute the exercise of legal advice, assistance in drafting legal documents, initiating and participating in the conduct of procedural action, evaluation of the appropriateness, reliability and admissibility of evidence, the analysis of the legitimacy of legal decisions, the implementation of measures for the restoration of violated rights. Institute of protection is a holistic system of relatively isolated and independent and joint special subject of regulation of specific legal norms that regulate an important part of public relations in the State to ensure the rule of law and the protection of rights and freedoms of members of the criminal justice. In today’s criminal counsel may participate in criminal proceedings in three different status: 1) as a defender of the suspect, accused, convicted, justified; 2) as a representative of the victim of physical persons; a legal entity that is affected civil plaintiff, civil respondent; third person; 3) as legal assistant to the witness. Prescription of the Constitution that “exceptionally lawyer carries out representation of another person in court, as well as protection from criminal prosecution does not mean establishing the monopoly of lawyers to perform the function of protection”. Wise will introduce a new conceptual system of legal assistance and protection: 1) protection of the suspect can make as lawyers and other professionals in the field of law, for which there is no reason for removal; 2) defendant and defendant in court should carry only a lawyer who offered to appoint judicial agent; 3) legal assistance to victims, civil plaintiffs, civil and for third parties (Art. 63 of the CPC of Ukraine) can make as lawyers and other specialists in the field of law, which can act in the procedural status of the representatives of the respective parties; 4) legal assistance to witnesses, applicants to other participants of the process can make as lawyers and other professionals in the field of law. Implementation of the constitutional principles of legal assistance and protection in criminal proceedings requires a clear definition of the procedural status of the Defender, the representative and law agent, development and adoption of the law on the independent Institute the investigation, which has become an independent institution of the criminal procedural law
Authors and Affiliations
В. М. Тертишник
Keywords
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