International legal standards for the protection of a defender or a person’s representative from interference in their activities

Abstract

The article provides a scientific analysis of international legal standards for the protection of a defender or a person’s representative from interference in their activities. It is emphasized that the formation of an effective legal mechanism aimed at achieving compliance of domestic legislation with international standards is important for ensuring the process of bringing national legislation into compliance with the requirements of leading legal democracies. It was emphasized that the practice of the European Court of Human Rights serves as an additional tool for the effective implementation of the function of protecting a person and representing his interests in criminal proceedings. In view of numerous violations of the basic components of the right to professional legal assistance, as well as the rights of defenders and representatives of persons involved in criminal proceedings, it is emphasized to take into account the provisions of the European Convention on Human Rights and the conclusions set forth in the decisions of the European Court of Human Rights regarding related to the activities of a lawyer, a person’s representative in an adversarial criminal process. It was concluded that the international legal norms, which establish general requirements for the implementation of judicial proceedings, are not only a procedural guarantee of ensuring the right to qualified legal assistance at the national level, their implementation in terms of the protection of a defender or representative of a person involved in criminal proceedings from external interference is designed to create conditions for the fulfillment of their functions by the specified entities. The principles of criminal proceedings are highlighted, which reflect the main requirements for the unhindered activity of a defender or a person’s representative in criminal proceedings, such as: legality; Rule of Law; ensuring the right to protection; the right to a fair trial; the right to freedom and personal integrity; equality before the law and the court, etc. Attention is drawn to the fact that any form of obstruction to the legitimate activity of a defense attorney or a representative of a person providing legal assistance in criminal proceedings, as well as violations of statutory guarantees of their activity, defined in international legal acts, must be considered as illegal, criminally punishable acts, defined by Art. 397 of the Criminal Code of Ukraine.