Individual's level of education as a guarantee of the right to defense

Oleksandr Shevchyk,Andrii Hnatiuk,U Berkis,L Vilka

doi:10.1051/shsconf/20196801015

Oleksandr Shevchyk, Andrii Hnatiuk + Show 2 more

Open Access

https://doi.org/10.1051/shsconf/20196801015

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Abstract

The right to defense is enshrined in national legislation, including Art. 59 of the Constitution of Ukraine, according to which, “Everyone has the right to a professional legal assistance. In cases provided for by law, this assistance is free of charge” [1]. In addition, there is Art. 52 of the Criminal Procedural Code (CPC) of Ukraine [2]. The lack of an appropriate level of education cannot be regarded as a certain mental defect or the fact of not speaking the language, since individuals could have an appropriate oral skill in Ukrainian, but not written skills. The problem lies not only in the lack of a unified approach in the practice of law enforcement regarding the application of legal grounds for the mandatory provision of a lawyer in criminal proceedings for persons who do not have the appropriate level of education, but also in the lack of a strictly defined level of education that would be considered sufficient to ensure persons' right to protection.

Highlights

The relevant principle of the right to defense is enshrined in national legislation, including Art. 59 of the Constitution of Ukraine, according to which, “Everyone has the right to a professional legal assistance
The International Covenant on Civil and Political Rights, ratified by Decree of the Presidium of the Supreme Soviet of the Ukrainian SSR on 19.10.73, in article 14, paragraph 3 (d), stipulates that everyone has the right to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it [3]
Provision of the accused with the right to defence under art. 129 of the Constitution of Ukraine is the basic principle of legal proceedings [1], and according to Art. 7 of the Criminal Procedure Code of Ukraine [2], ensuring the right to defence is one of the general principles of criminal proceedings

Summary

Introduction

The relevant principle of the right to defense is enshrined in national legislation, including Art. 59 of the Constitution of Ukraine, according to which, “Everyone has the right to a professional legal assistance. In cases provided for by law, this assistance is provided free of charge” [1]. There is Art. 52 of the Criminal Procedural Code (CPC) of Ukraine [2]. This study is based on Ukrainian regulation acts, scientific researches using dialectical, comparative, analytic, synthetic and comprehensive methods

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