Certain aspects of the realization of the suspect’s right to defense in the criminal process of Ukraine

Abstract

The article is devoted to the consideration of certain aspects of the implementation of the suspect’s right to defense in the criminal process of Ukraine. It is noted that one of the principles of criminal proceedings is ensuring the right to defense. Thus, according to Article 20 of the Criminal Procedure Code of Ukraine, a suspect, accused, acquitted, convicted person has the right to defense, which consists in giving him the opportunity to provide oral or written explanations about the suspicion or accusation, the right to collect and submit evidence, to take personal part in criminal proceedings, to use the legal assistance of a defender, as well as to exercise other procedural rights provided for by this Code.
 The author emphasized the multifaceted approaches to defining the definition of «protection», which is evidenced by the diversity of viewpoints of scientists on this issue.
 The article emphasizes that a person’s right to defense is connected with the initiation of criminal proceedings, namely from the time of entering information into the EDDR or informing a person of suspicion of committing a criminal offense and acquiring the status of a suspect.
 The participation of a defense attorney in the criminal process is an important guarantee of ensuring the suspect’s right to defense. An essential feature of the lawyer’s procedural status is the obligation to use the procedural rights granted to him in the interests of his client.
 It is noted that in European countries attention is paid to the principle of early access to legal aid. In order to effectively implement the suspect’s right to defense in the criminal process of Ukraine, it is also necessary to apply the precedent practice of the ECtHR.
 The author draws attention to the fact that among the main violations related to the participation of the defense counsel in criminal proceedings, it is appropriate to single out: failure to ensure the mandatory participation of the defense counsel in cases provided for by law; restriction of the right to freely choose a defense counsel; obstacles to the implementation of procedural rights, which are associated with obtaining free legal aid.