ЗАГАЛЬНА ХАРАКТЕРИСТИКА ПРЕДСТАВНИЦТВА У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ: ПОНЯТТЯ ТА ВИДИ

Abstract

The Constitution of Ukraine provides for a person's right to legal assistance. The issue of protection of human rights in criminal proceedings is relevant today, when criminal procedural legislation is being reformed and improved. Representation is an independent institution in criminal proceedings, it is characterized by certain types depending on the criteria of division. The classification of representation, first of all, reveals its essence and content, the possibility of application in one or another situation. Representation in criminal proceedings arouses the public interest of scientists and practitioners regarding the creation of a mechanism for the protection of rights and freedoms, as well as the fulfillment of the duties of those subjects who turn to the representative for proper protection. After all, receiving legal aid in the process of criminal proceedings allows everyone to feel protected in communication with law enforcement agencies, representatives of the prosecutor's office and the court. The institution of representation occupies a fundamental place among the main problems of criminal procedural legislation and determines the peculiarities of the legal status of persons who can represent the rights and interests of subjects in criminal proceedings. Defenders can also exercise the procedural rights of the persons whose interests they represent, except in cases where the personal participation of the person is required. It should be noted that the following participants may have representatives in criminal proceedings: victim, suspect, accused, witness, civil plaintiff, civil defendant, as well as legal entities. Therefore, we believe that it is necessary to pay attention to the peculiarities of providing legal assistance to each of the subjects of the proceedings in accordance with the situation. The purpose of the article is to study the institution of providing legal aid to the subjects of criminal proceedings through the representation of their rights and interests in the criminal process.