TASKS AND TYPES OF PROCEDURAL GUARANTEES OF THE DEFENDER AT THE STAGE OF THE PRE-TRIAL INVESTIGATION

Abstract

The purpose of the article is to clarify the essence and determine the tasks of criminal procedural guarantees of the defense attorney at the stage of pre-trial investigation, as well as to substantiate their significance.

The main tasks of the study are: 1) to reveal the specifics of the tasks of procedural guarantees at the stage of pre-trial investigation; 2) to determine the types of procedural guarantees of the defense attorney.

To achieve the set goal, a comprehensive approach was applied, which determines the application of general scientific and special scientific research methods. In particular, the formal-legal method was used to analyze the norms of legal acts that regulate the procedural guarantees of the defense attorney at the stage of pre-trial investigation, his rights and obligations. The system-structural method was used to identify the main tasks of criminal procedural guarantees of the defense attorney. The methods of analysis, synthesis, induction, deduction, and analogy were also used to form conclusions and proposals.

As a result of the study, the task of procedural guarantees of a defense attorney at the stage of pre-trial investigation is proposed to be determined in creating appropriate conditions for the defense attorney to exercise professional rights and duties in order to ensure effective protection of a suspect, accused or other person who has the right to protection in accordance with the Code of Criminal Procedure of Ukraine, preventing unlawful restriction of the defense attorney's rights, restoring violated rights of the defense attorney, as well as guaranteeing the independence and autonomy of the defense attorney's activities from any external influence. In the functional dimension, procedural guarantees of a defense attorney at the stage of pre-trial investigation provide not only the formal possibility of defense attorney participation in criminal proceedings, but also his real procedural activity aimed at achieving the objectives of criminal proceedings and administering fair justice. The following classification of procedural guarantees of defense attorney's activities at the stage of pre-trial investigation is also proposed: 1) by source of legal regulation: a) international-legal guarantees; b) national guarantees (Constitution of Ukraine, Code of Criminal Procedure of Ukraine, Law of Ukraine “On Advocacy and Advocacy”, by-laws, Rules of Lawyer Ethics); 2) by the subject of ensuring the implementation of guarantees: a) judicial guarantees (investigating judge as a guarantor of observance of the rights of the defense attorney and the suspect); b) guarantees implemented by pre-trial investigation bodies (ensuring participation of the defense attorney, providing access to materials, proper notification of procedural actions); c) guarantees of lawyer self-government (regional bar council as a body protecting the rights of lawyers); d) the lawyer’s own guarantees (professional ethics, the ability to involve assistants and interns, the right to contact the media or human rights organizations in the event of a violation of his rights); 3) by level of action: a) general guarantees (right to legal aid, participation of the defense attorney from the moment of detention or notification of suspicion); b) special guarantees (related to the specifics of conducting individual investigative actions against the lawyer, in particular, a search of his home or office).

The results of the study have not only theoretical, but also practical significance: they can be used to improve criminal procedural legislation, form a unified law enforcement practice, and strengthen the real protection of individual rights in criminal proceedings.