The article is dedicated to the study some issues of legal regulation and practice of realization of general obligations of judge concerned to the protection of human rights during the implementation of function of defense. It was outlined that investigative judge should implement his authorities without reference to form of receiving information that composes reasonable suspicion that within the court’s territorial jurisdiction, there is a person who has been deprived of his liberty without valid court’s decision, or has not been released from custody after the payment of bail. The capacity of examination of issue of legality and reasonableness of apprehension of person due to the suspicion in commitment a crime according to the art. 207–208 of CPC of Ukraine is outlined in art. 206 of CPC of Ukraine. It was proved that if person is apprehended illegally and unreasonably and term of apprehension was not ended, investigative judge will be obligated to check out the legality and reasonableness of apprehension exceeding the limits of examination of application. It was proved that local facts in proof in realization judge’s authorities according to the art. 206 CPC of Ukraine consist on such circumstances as: 1) deprivation of liberty; 2) legal ground for deprivation of liberty. The burden of proof related to the legal ground of deprivation of liberty lays upon investigator and prosecutor. If investigative judge refuses in immediate liberation of person, he should state the reasons and evidences that refute statements of defense concerned to illegal deprivation of liberty in details. The applicant is

The article deals with the issue of consolidation of advocacy monopoly in Ukraine at the legislative level. It is noted that a modern institution for protection in criminal proceedings represents a long way of evolution. It is an important and attorney in any field of justice nowadays, because the mechanism for it’s implementing aims controversial issue at implementation of the right to the protection of individuals. It complies with European standards. The author analyzes the theoretical and practical aspects of implementing advocacy monopoly in Ukraine and its implementation mechanism in some European countries

The article addresses features of the actual moments related with the implementation of the right of challenge illegal apprehension of a suspect by the defense in the criminal proceedings. Author has considered theoretical and practical moments arising while implementing defense function in the course of challenging the apprehension. In the article author has stated that the criminal procedure law of Ukraine does not stipulate the effective and efficient procedure of challenging apprehension of a suspect. Author has emphasized that the right of a detainee to request the prosecutor to verify validity of the apprehension does not correspond to provisions of the Convention for protection of human rights and fundamental freedoms concerning exceptionally judicial control of apprehension legality. To improve suspect’s rights defence procedure in the Criminal procedure code of Ukraine author has offered effective procedure of judicial challenging of criminal procedure apprehension. Author has offered the amendments to enforceable criminal procedure law of Ukraine aimed at judicial challenging apprehension efficiency upgrading. Proposed appropriate to lay ch. 4. 206 CPC read as follows: «If the delivery of prisoners to the investigating judge or prosecutor investigating in coordination with the prosecutor with a request to appeal a preventive measure, consideration of such an application is made simultaneously with the determination of the legality of detention or remand her in custody. Investigative judge denies a preventive measure if it determines that the person has been detained illegally». It is concluded that Art. 206 CPC should provide a period during which the investigating judge is required to decide on the legality of deprivation of liberty. Reasonable period will be in the form of 24 hours of receiving information about illegal deprivation of liberty. Keywords: defense, defense counsel, apprehension, challenging, investigating judge, criminal proceedings, pre-trial investigation, rights of suspect.

The paper investigates the delimitation of criteria provocation (incitement) of a person to commit a crime during the covert activities of the legal form of investigation, under the law of the European Court of Human Rights. Among the main problems in practice recently acquired acute urgency issues of the need of proof in criminal proceedings the fact of the reality of the relationship, about which being offered, was required, was obtained undue advantage. There is a need to clarify how affects fact of not prove such circumstances for the actions of a person who has received undue benefit of crime (in the absence of provocation on the part of the applicant).

The paper includes analysis of proposals to expand the professional rights and duties of lawyers, guarantees of their professional activities, including in criminal proceedings, in the draft law «On amendments and additions to the Law of Ukraine» On the Bar and Advocate’s Activity «, prepared by a working group of the Council on Judicial Reform under the President of Ukraine. Favorable provisions of the bill is to expand rights lawyer: collect evidence by any means not prohibited by law; have identified access to public registers, including the Unified Register of pre-trial investigations, the automated workflow system Court; greater access to information by advocates; not prohibited by law to use technical means without any permission or court officials, including with the aim of procedural and other actions in which the lawyer is involved; have easy access to courthouses, law enforcement agencies, institutions for pre-trial detention and prison, public authorities at any time, if the premises is maintained or held its client; participate in any investigation or proceedings in which the client is involved or conducted regarding client. It is difficult to agree with the provisions of the draft law on the introduction of administrative liability of attorney for abuse for lawyer request and with the list of actions the lawyer that considered an abuse of that right.

The article investigates the issues of participation by defender as a representative of the victim in criminal proceedings on the basis of the reconciliation agreement, representation and protection interests of the victim. In article was analyzed the practice of the courts of criminal proceedings on the basis of agreements about reconciliation. The author examines the common position of the reconciliation agreement between the victim and the suspect. Statistics examined by agreements in criminal proceedings in 2014 and 2015. The article also indicated the legal basis defender’s participation in criminal proceedings on the basis of agreements. The proposals for improving the existing rules of criminal procedural law. The author revealed disadvantages in current criminal procedure legislation. It was proposed to fix in the Criminal Procedure Code of Ukraine the right of the victim to get a counsel at public expense. The author had been given reasons to the court not to approve the agreement. On this occasion, the author concluded about the impossibility of understanding the victim sufficiently all legal terms. This calls for the mandatory participation of the defender as a representative of the victim in criminal proceedings on the basis of the reconciliation agreement. Based on the analysis of materials rezulativ criminal proceedings concludes that even coordination of the parties’ agreement, their willingness to conclude the agreement does not guarantee a positive resolution of legal conflict through an agreement of reconciliation. Participation of a defender as a representative of the victim, in our view, could prevent and eliminate this situation involved an investigator at the conclusion of the agreement.

The paper presents the analysis of the compromise mechanism, based on academic literature summary; the determination of the main aspects and subjects of the reconciliation process between a suspected person (charged offender) and a victim; the analysis of the peculiarities of attorney’s participation in initiation, control and fixation of the reconciliation process; the determination of the attorney’s activity ethical limits in the reaching compromise process. Separately, the author notes that the defender’s participation in the reaching compromise mechanism is necessary to prevent violation of rights and freedoms of the client in any form. It is pointed out that the attorney’s qualification and his practical experience will encourage conduct of the reconciliation process in accordance with applicable criminal and criminal procedural law. It is determined that reconciliation depends on the influence of the human factor. Given this fact, the attorney must take into account the psychological characteristics of participants, their motives and purpose. Therefore, the defender need the knowledge of criminal and criminal procedural law as well as the knowledge of psychology and communication skills. It is noted that the role of the attorney in the reconciliation process is important from the position that the defender must control a conflict. In the article it is also characterized the atoorney’s professional activity limits as to active participation in the reconciliation mechanism purposes needs.

The paper addresses the problematic aspects of the introduction of adversarial justice under the new Criminal Procedure Code of Ukraine. The authors focus on the absence of real mechanisms to ensure equality when dealing with covert investigative materials (search) operations. It is noted that in practice only a few lawyers have access to state secrets. The valid legislative acts that regulate the activity of lawyers and their use of information constituting a particular kind of secret, not provided the right of lawyer for relevant information and not determined the order of access her by counsel. In this connection, lawyers denied the opportunity to assess the legality of covert investigative (search) actions of authorized body of compliance with all requirements and procedures prescribed by law, which greatly complicates the preparation of quality lawyer legal position on the facts on which refers party of the prosecution. The paper draws attention to the absence in court of real procedural mechanisms to check the lawfulness of the prosecution during the covert investigation (search) actions on pre-trial investigation, since in materials in the criminal proceedings, except protocols of covert investigative (search) actions and applications, often there are no procedural documents, on which conducted the covert appropriate investigative (search) actions. In particular, the decision of the investigating judge of Court of Appeal, which granted permission for the temporary restriction of constitutional rights and freedoms, the investigator, prosecutor about conducting investigative (search) action etc.

The paper addresses the issues of the features ?? representing the interests of juvenile victims in criminal proceedings. The authors focus on the fact that the victim plays a significant role in the pre-trial investigation and in court proceedings. Providing information by victims to entities engaged in investigation and pre-trial proceedings, and activities of the victim promoted to prove criminal offense. The victim in criminal proceedings could be represented by representative – person in criminal proceedings that has the right to defense counsel. With regard to the representation of juvenile victims in criminal proceedings, according to Article 59 of Criminal Procedure Code of Ukraine, if the victim is a minor, to participate in the legal proceedings involved with it its legal representative. A minor victim, although recognizes by the legislator as a special subject and endowed with additional rights (special procedure for questioning, the institute of representation, etc.), but they are insufficient for the best interests of the child in criminal proceedings. One of the guarantees of the best interests of juvenile participants in criminal proceedings, in this research of juvenile victims, is mandatory participation of professional representative – lawyer, which will provide qualified legal assistance and ensure adequate protection of the rights and interests of the participants. Underage victims, given the rather complicated procedure of the trial are not able to fully understand all the difficulties and all the procedural changes that take place in the courtroom without giving them appropriate advice. The authors adduce several definitions aimed to prove the novelty of their research. Thus, it can be concluded that it is necessary if the legal mandatory must be the representation of victim under the age of eighteen, by representative, in particular by a person in criminal proceedings that has the right to be the defense counsel, lawyer.

The article deals with the guarantee of confidentiality in the decisions of the European Court of Human Rights and their effect on the implementation of criminal procedural legislation of Ukraine and national law enforcement. The authors concluded that the European Court of Human Rights number of its decisions on the basis of acts of the Community law which regulated advocacy in the EU, defined the basic principles on which founded the activities of a lawyer: countries – EU member states must ensure free access of client to a lawyer for legal assistance, to ensure that their independence to express a legal opinion on issues that interest the client; different specific activities of lawyers, which requires professional secrecy; even if the activity is not with the lawyer representing clients in court, and from consulting agreements, but it acts to protect or to represent in the sphere of justice or advises on possible participation in the trial, it will not be obliged to inform and cooperate with the competent authorities; should be applied all necessary measures to respect, protect and create conditions for free activity of a lawyer without any discrimination and without improper interference of the authorities or the public, and to ensure confidentiality in the relations between a lawyer and his client. Exceptions to this principle are allowed only if they are provided by law. It is noted that the European Court of Human Rights on the guarantee of confidentiality in criminal proceedings should be classified into three groups: a) control of legal correspondence («Eden against Germany,» «Out against Switzerland,» etc.); b) search in the office of attorney («Nimitts against Germany», «Romain and Schmit v Luxembourg», «Kolesnichenko against Russia», «Golovan against Ukraine» and others.); c) confidential communication by lawyer with the client («Campbell and Fell v United Kingdom»).

The paper addresses the issues of the criminal procedural guarantees of defender as a subject of proof in the survey of participants in criminal proceedings and other persons in pre-trial investigation, on the basis of analysis of scientific sources, domestic and foreign criminal procedural law, material practice and the survey of lawyers. Developed and offered to provide in ch. 4 of Criminal Procedure Code of Ukraine procedural order to obtain evidence by defense counsel of the survey participants and other persons in criminal proceedings. The author focuses on the fact that the place of the survey by defender may be the defender workplace or other accommodation in which he carries out advocacy. If the person refuses to provide explanations in the workplace defender or another accommodation in which he carries out advocacy, in this case the defender must agree to a person about place of the survey. Conducting surveys by defender at night (from 22 to 6 hours) is not permitted, except in urgent cases where polls person is not able to explain at another time. Author proposes the list of duties, which is endowed defender before survey participants in criminal proceedings and other persons. It is proved that the results of the survey by defender of participants and other persons in criminal proceedings must be at «Poll protocol», which must meet the requirements set by Articles 104–107 of Criminal Procedure Code of Ukraine. The protocol must be confirmed by the signature of the person being questioned of execution by defender relevant requirements. Progress and results of the survey by defender of participants or other persons in criminal proceedings necessarily recorded by technical means.

Based on analysis of criminalistics literature, the author analyzes historical sources how advocates using criminalistics knowledge in solving their professional tasks. The author substantiates about relevance of chosen research direction referring to the fact, that works of criminalists scholars and processualists on above stated issues related only to organizational and legal matters of the advocacy, where provision and prospects of its criminalistics ensuring explored inconclusive. Together with this noted that the historical sources of criminalistics ensuring of advocacy as the question about expediency of application criminalistics facilities by advocates are still disputable and in connection with the further reformation of the advocacy gained with particular relevance. The author defines that at first the idea about necessity in developing comprehensive tactical and organizational-methodological recommendations, which would contribute advocates in solving their professional tasks as well were expressed in works of famous Russian rights activist A. F. Koni. Having analyzed many scholarly sources and monuments of Ukrainian law, the author expressed point of view, that in the domestic legal doctrine of advocates’ development of the scientific understanding in application of criminalistics knowledge occurred in close correlation with the formation of the professional advocacy.

This article examines some aspects of violation of the right of a suspect (accused) in defense in criminal proceedings. The author examines the problem of providing the mandatory participation of defense counsel in criminal proceedings and attracting defender procedure for individual proceedings. The author stresses that in case of violation of the rights of the suspect (accused) to defense the national legal mechanisms for review of judicial decisions in criminal proceedings and international judicial institutions for the protection of the suspect (accused) should be used. The author notes that the presumption of the priority of rights of the suspect (accused) to engage defense counsel of their own choice must act at any stage of the implementation of the criminal proceedings. The right to counsel applies to all stages of criminal proceedings, including pre-trial investigation, pre-trial period, trial, and appellate procedure. Whereas it is important that between the accused and the lawyer established a relationship of trust and confidentiality, the accused has the right to choose who will represent him. However, the defendant does not always have the unlimited right to choose a lawyer if the latter services are paid by the state. The European Court ruled that the appointment defender courts should take into account the wishes of the accused, but such requests could be ignored in the interests of justice. In the case of the groundless involvement of defenders, unmotivated refusal to provide for exploring of the materials of the criminal proceedings, lawyers should declare the application for removal of investigator, prosecutor, investigating judge on the grounds of bias. In the case of proceedings without a lawyer, lawyers must apply for recognition of the received during these proceedings evidence inadmissible due to violation of the right to defense. In the article the author gives practical advice to lawyers and formulate proposals to improve the criminal procedural legislation of Ukraine.

The paper reveals issues regarding the definition, content and location of tactics of defender in system of forensic tactics. Based on the analysis of scientific statements about the concept of forensic tactics of its content, tactics of defense counsel and its meaning and place in the system of forensic tactics tactic is defined as a way to practice, which characterized by the following essential features: availability of subject and object of tactical impact, tactical exercise influence from subject on the psyche of the object to encourage it to certain voluntary actions resulting from the tasks of criminal proceedings, subject orientation tactical influence to overcome opposition, exerted tactical influence by object (direct, hidden, potential, imaginary, etc.), or by prompting the object of tactical exposure to certain actions in the interests of the entity (in the absence of an explicit counter), is a system of tactics and scientific advices on the most effective implementation of certain activity (prosecution, defense), used in the implementation of accusation (investigative tactics, tactics of the prosecutor) and defense (defender tactic).

The article investigates the theoretical and practical aspects of legal responsibility of the advocate. The author argues that understanding of the nature of the institute of legal responsibility, including legal responsibility of the advocate, traditionally been problematic and controversial. Existing approaches of the legal doctrine for understanding the essence of legal responsibility are thoroughly analyzed. The author definition of legal responsibility of the advocate proposed in this article. The article stipulates that the legal responsibility of the advocate is the relationship arising between a subject who is authorized to apply measures of public-law enforcement and the advocate, who broke the law, which include the possibility of sanctions in case of breach of commitments. Special attention is paid to the different types of legal responsibility of the advocate, such as disciplinary, civil, administrative and criminal responsibility. It is noted that the basis for bringing a lawyer to disciplinary action are committing misconduct, which are: violation of incompatibility; violation of the oath of Advocates of Ukraine; violation of legal ethics; disclosure of confidentiality or actions that led to the disclosure; failure or improper fulfillment of their professional duties; non-enforcement of the legal profession; breach of other obligations lawyer by law. The reason of occurrence of civil liability is unlawful, harmful, and guilty of the act of the person who harmed. In science, the civil rights act of damage can be divided into the following components: a) the unlawful behavior of the person; b) the occurrence of damage) the causal link between the first two elements, d) wine person harmed.

The article discusses the role and characteristics of criminalistics providing of the attorney during the interrogation of his client. The author defined criminalistics providing as fulfilling of needs in the gathering, verification and evaluation of evidence in order to establish the subject of proof by technical equipment, tactical remedies and criminalistics methods during the investigation and trial of criminal offenses, legal proceedings, and the adoption of procedural decisions in criminal proceedings. The article deals also the role of the advocate in preparation for the interrogation and directly during interrogation. It determined what criminalistics technical equipment, tactical remedies and methods used by a lawyer at all stages of interrogation and how they are important to the process of questioning his client. Determined that the interrogation person is one of the most common investigative (search) actions during an investigation aimed at collecting evidence, because without it did not do any criminal proceedings. It is noted that in the case of tactical «presenting material evidence» lawyer should also bring attention to whether it really is items that are designed and packaged as evidence, or does not use similar items investigator, «accidentally» showing them. The attorney is a guarantor of the rule of law by investigators during interrogation. Therefore, the lawyer criminalistics providing (his forensic knowledge, education, experience) depends on the performance of his participation in the investigation (search) action, legitimacy, lack of abuse by the investigator, prevent any violations of the rights of the defendant. The article emphasizes that from the activities of a lawyer during interrogation depends on whether its results (interrogation protocol) declared admissible evidence in criminal proceedings.

The article examines the international legal prerequisites of the professional activities of foreign lawyers in Ukraine, due to globalization processes and its membership in the World Trade Organization. Based on actual transformational trends in international trading conditions, integration processes in the economic, political, cultural and other spheres of public life on the planet as a whole, the author examines the changing nature of international law on the universally recognized standards and rules aimed at removing obstacles to implementation legal practice out of state of getting appropriate professional status.Considering these changes in the light of the legislation of Ukraine and national legal doctrine, the author notes in the presence of certain essential features caused by the presence in the legal circulation of the term «legal aid» and its difference from the concept of «legal services» whose analysis is carried out on the basis of legal documents International character. The author argues that there is no objective legal or doctrinal grounds for denying that the legal aid of lawyers be called as the provision of services. Such a conclusion is equally important for both national legal systems and the international system of cross-border activities of lawyers. Based on the analysis the author concludes that persons who have acquired the status of a lawyer in a member country of the WTO, may provide legal services in another member state of WTO through personal presence on its territory and the exercise of professional legal practice in compliance with international law and national legislation of the host country, hoping thus to use them and their services national treatment identical to that which applies to lawyers and their activities within the country.

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The article presents a scientific study of socio-demographic shape of the modern Ukrainian legal profession. Was analyzed the evolution of the number of advocates of Ukraine in 2004–2015. We investigated trends in the development of socio-demographic indicators of the Ukrainian legal profession at the regional and national level. Was made a comparative analysis of the number and gender composition of the Ukrainian legal profession and Europe. The examination of the experience of advocacy led to the conclusion that unlike many law enforcement agencies, where high is the share of young people and the turnover of staff, the professional core of the legal profession are experienced professionals. It is noted that the number of people who combine business and advocacy decreases. There is a small but gradual increase in the number of lawyers who carry out independent professional activity. Was the scope of the prevalence of organizational forms of advocacy (individual advocate’s practice, law office, legal association). Attention was drawn that the dominant organizational form of legal profession is individual advocate’s practice, which is three-quarters of Ukrainian advocates. The results of the analysis were presented in form of tables and diagrams and are illustrated by statistical data from other countries. It is concluded that the average Ukrainian advocate is the man older than 35 years who have sufficient professional experience, and provides in the city individual advocate’s practice.

The causes and conditions of the institutional formation of advocacy of Ukraine are researched in the article. The doubt is cast on the view that it originates from Kyiv Rus, in particular from the witnesses and eyewitnesses of Rus’ka Pravda. The idea is expressed that the witnesses were transformed into compurgators during the Lithuanian and Russian period, but eyewitnesses – into the witnesses in their modern meaning. On the grounds of literature based on original sources and legislation of that time, it is proved that the roots of advocacy of Ukraine are traced to the Ukrainian territory of Volyn’, Kyiv region, and the eastern part of Podillia, which were the parts of Grand Duchy of Lithuania in the end of XV – the beginning of XVI centuries. The social, economic, political and legal grounds of advocacy formation and establishment, its general rules and peculiarities inherent to Ukraine of that time are characterized. It is showed that advocacy of Ukraine was institutionally (legislatively) fixed in the First Statute of Lithuania (1529), but its formation as a group of legally aware people who provided judicial representation in civil cases and defense in criminal cases, that is the legal profession, started when the Statute of Lithuania (1566) was in force, and finished after it was fixed in the Statute of Lithuania (1588).

The paper discusses the concept of advocacy in the criminal process of Ukraine, its structure and organization. The author gives the designation of the concept «defense activity» and describes its basic structural elements: subject, object, motive, purpose, means, methods, actions and results. The article also contains information about organizational actions that should make defense counsel before the court as, for example: develop strategies and tactics for defense; create a comfortable environment for working with client; study the materials of the criminal proceedings; do not form an inner conviction about the guilty of the client, etc. Special attention is paid to the description of several interesting statements about the defense counsel and his work in the court, which can be used in the formation of uniform rules of an advocate preparing to participate in criminal proceedings. The central thesis of the paper is based on the creation of the unified regulation, which would describe standards of defense activity of the lawyer in criminal proceedings, as was done in the United States of America and some countries of the European Union. The author shows the structure of «Criminal Justice Standarts of the Defense Function» and focuses on the main ideas, which can be used in Ukraine in the time of writing bills. For the purpose of improving effectiveness and quality of defense activity in criminal proceedings, the necessity of introducing amendments to the current legislature of Ukraine has been substantiated. The paper concluded that in order to have good protective activity of the bottom line, defense counsel need to act, to work on the organization and implementation of goals in the process. The general conclusion is also made as to concerning lawyers need to take the rule that an effective advocate is an acting advocate.

The paper researches some implementation peculiarities of the international standard access to advocacy within the national legal regulation. The key issues of Ukrainian legislation discrepancy with the international principles of the advocacy regulation are highlighted. Special attention is paid to the training of those intending to become advocates and attorneys monopoly on representing clients in judicial authorities. The paper discloses some controversial issues of acquiring the right to practice law in Ukraine, in particular training term, professional traineeship entry exams. Advocates, like medical specialists, have specialized expertise in various areas of the law, especially in the presentation of cases in court. To obtain the services of an advocate, the client approaches the attorney who then engages the advocate on his behalf, to represent him in court or advise him as necessary. Joining a bar is not compulsory and you can technically practice independently. Advocacy is working to influence public policy in social, economic, political, and cultural spheres in order to bring about justice and positive change in human rights and issues.

The article deals with the investigation of the impact of the judicial system development on the evolution of social consciousness through the prism of such its feature as transparency. It is stated that as multifaceted phenomenon, in general transparency reflects certain level of the development of political institutions and public law. At the same time, its appearing fixes certain lack of institutional quality. While analyzing existent scientific approaches to the determination of transparency of the judicial power the author concluded that it is an instrument, which provides society with information about functioning of the judicial system in general and its institutions in particular. Therefore, transparency of the judicial power as a certain instrument performs informational function. The author also formed its other functions, among which there are educational, preventive, stimulating, communicative, protective, public control. To sum up, the author concluded that transparency of the judicial system is based on informational component, which is determinative one, since fundamental integral feature of information is represented by the possibility to impact on a human’s mentality as a bearer and an element of social structure of society. Therefore, transparency of the judicial system provides formation of ideas, knowledge, thoughts, ideas and theories about functioning of the judicial power in society, as well as promotes the rise of the level of citizens’ awareness about their rights and duties, ways and mechanisms of the protection of rights and interests, legitimacy of actions of individuals and upbringing of legal culture in society. Correspondingly, while developing in this direction the judicial system influences on the evolution of civil consciousness of society as a precondition for the formation of civil society.