Procedural status of a lawyer at the pre-trial investigation
Journal Title: Правові новели - Year 2018, Vol 5, Issue
Abstract
The article is devoted to the analysis of the procedural status of a lawyer at the pre-trial investigation. The author’s definition of the concept of a lawyer’s procedural status at the pre-trial investigation was formulated on the grounds of the analysis of theoretical studies. The author determines that the procedural status of a lawyer at the pre-trial investigation is regulated by the norms of the Constitution of Ukraine, the Law of Ukraine “On Advocacy and the Layers’ Activities”, the criminal procedural law, and other regulatory legal acts. The author substantiates that the characteristic feature of the elements of a lawyer’s procedural status at the pre-trial investigation is duality, which includes the legal status determined by the norms of the Law of Ukraine “On Advocacy and the Layers’ Activities” and the norms of the CPC of Ukraine and its legal status, depending on which participant he/she represents in his/her organizational and legal activity at the pre-trial investigation (defence counsel, representative of the victim, a legal entity, or the witness’s lawyer).
Authors and Affiliations
А. В. Питомець
Keywords
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