INTERNATIONAL COOPERATION AND LEGAL ASSISTANCE DURING PROCEEDINGS

Abstract

The article is devoted to the study of international cooperation and the provision of legal assistance during the conduct of procedural actions in criminal proceedings. International legal assistance is considered an important tool for ensuring the effectiveness of pre-trial investigation and trial in cases involving different states, which allows for interrogations, inspections, searches and other procedural actions outside national jurisdiction on the basis of international treaties and the principle of reciprocity.

The work focuses on the need to ensure procedural guarantees for the rights of persons participating in the execution of international orders, in particular suspects, accused and witnesses. It is emphasized that the lack of unified doctrinal approaches to understanding criminal procedural guarantees in the field of international legal assistance complicates their practical application and can lead to violations of human rights. In this context, the formation of unified standards for protecting the rights of participants in the process and the harmonization of national procedures with international requirements is of particular importance.

Special attention is paid to the role of a lawyer during the performance of procedural actions within the framework of international legal assistance. It is argued that the participation of a lawyer is a key guarantee of respect for the rights and legitimate interests of a person in cross-border procedures, where there are possible collisions between the legal systems of different states. A lawyer performs not only a protective but also a coordinating function, contributing to legality and procedural justice.

The article also highlights the modern challenges of international legal assistance related to the digitalization of criminal proceedings and the use of virtual assets as evidence. It is shown that the features of their legal definition and proof significantly affect the effectiveness of international cooperation. It is concluded that international legal assistance is a dynamic legal mechanism that requires constant improvement of regulatory regulation and practice, taking into account the development of digital technologies and transnational crime.