Procedural rights of a lawyer in criminal proceedings and means of ensuring them

Abstract

Ensuring the rights of participants in criminal proceedings is the most important direction of the science of criminal procedure and the literature pays attention to a variety of aspects. The purpose of this study is to substantiate the hypothesis of the need to include lawyers in the number of participants in criminal proceedings, whose rights need no less degree of security than the rights and legitimate interests of persons directly interested in the outcome of the criminal case. No less important than ensuring rights is ensuring conditions for the proper performance of duties, which is demonstrated by the example of performing the functions of a lawyer to protect the principal from criminal prosecution. The conducted research is aimed at solving such tasks as revealing the essence and demonstrating the legal and social significance of the right to provide qualified legal assistance, identifying procedural problems accompanying the right to receive this assistance, and proposing individual ways to solve these problems. The research methodology includes traditional scientific methods of obtaining and processing data: dialectical, analytical, synthesized, comparative legal, systemic and system-functional. As a result of the study, theoretical conclusions were formulated about the natural relationship between the right to provide qualified legal assistance and the right to receive it, the content and nature of the lawyer’s procedural capabilities were clarified and the position on expanding the scope of procedural support was substantiated, not limited to the rights of participants in criminal proceedings, but extending it to the conditions of execution their assigned duties, Practical steps are also proposed to optimize the means of ensuring the procedural rights and duties of a lawyer in criminal proceedings.