Initiation of pre-trial investigation in criminal proceedings regarding interference in the activities of a defense attorney or a person's representative

Abstract

The article examines the importance of observing the beginning of the pre-trial investigation established by the Criminal Procedure Code of Ukraine in general and in criminal proceedings regarding interference in the activities of a defense attorney or a person's representative, in particular. Attention is drawn to the fact that the current Code of Criminal Procedure of Ukraine does not contain a rule regarding the procedural form of starting a pre-trial investigation with the participation of persons who enjoy additional guarantees of independence. Attention is drawn to the fact that, despite the established requirements of the Criminal Procedure Code of Ukraine regarding the verification of applications and notifications of individuals, in practice there have been cases of their verification taking too long.
 The normative and legal regulation of the initiation of pre-trial investigation in criminal proceedings regarding interference in the activities of a defense attorney or a person's representative is analyzed in detail. Attention is focused on the fact that the legal guarantees of the protection of the lawyer's professional activity are negated by the lack of practice of thorough investigation of all facts of encroachment and real punishment of guilty persons in crimes committed against lawyers in connection with their professional activity.
 It is noted that cases have become quite frequent when statements by defenders and representatives of a person about the violation of their rights, which have signs of a criminal offense, are considered not within 24 hours, but within ten days, and sometimes even within thirty days in accordance with the Law of Ukraine "On Appeals citizens", despite the direct prohibition of consideration of such applications.
 The reasons for the refusal to enter information into the Unified Register of Pretrial Investigations (hereinafter referred to as the Unified Register of Pretrial Investigations) have been identified. During the investigation of interference in the activities of the defender or representative of a person, the following grounds are used: 1) the need to provide additional evidence; 2) lack of legal grounds for entering information into the EDPR.
 It is believed that the current model of the criminal procedural norm, which concerns the entry of information into the ERDR, is limited enough to make a quick and well-founded decision on the initiation of a pre-trial investigation.