The content of the concepts of “legal assistance” and “the right to legal assistance” in the criminal process of Ukraine in the context of international human rights standards
Journal Title: Актуальні проблеми держави і права - Year 2016, Vol 77, Issue
Abstract
The article discusses the concept of “legal assistance” and “the right to legal assistance” in their application to the field of criminal justice in Ukraine. To this end, an analysis of national legislation and international instruments of human rights and judicial decisions of the European Court of Human Rights. The author maintains point of view of those scholars who are considered “legal aid” a broader concept than “protection” and regards it as one of the guarantees of the right to a fair trial. The article states that “legal assistance” also serves as a component of an effective remedy protection of human rights and freedoms. The author offered his understanding of the concept of “legal assistance” and “the right to receive legal assistance” is offered the right to legal aid, to determine as a separate principle in criminal proceedings. Highlighted the problematic issues of implementation of international standards of the right to legal assistance in criminal justice in Ukraine.
Authors and Affiliations
О. І. Коровайко
Keywords
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