The right to professional legal assistance during pre-trial investigation as a guarantee of protection of human rights and freedoms

Abstract

The issue of effectively ensuring the right of individuals and citizens to professional legal assistance during pre-trial investigations has received considerable attention in democratically developed countries worldwide. In regard to Ukraine, which is taking step-by-step actions toward European integration into a free democratic and legal space, the right to professional legal assistance in criminal procedural law, enshrined in the legal provisions of the Constitution of Ukraine (Article 59), plays a significant role in ensuring the implementation, protection, and safeguarding of human rights and freedoms. This right is fundamental, inalienable, and universal in nature.

Purpose the research aims to investigate current problems and suggest ways to improve the provision of professional legal aid during pre-trial investigations. This is necessary because there are inconsistencies and gaps between the Ukrainian Constitution and other laws.

The research materials include:

–       updated legislation: The Law of Ukraine "On Amendments to the Constitution of Ukraine (Regarding Justice)", the Law of Ukraine "On the Judiciary and the Status of Judges", the Law of Ukraine "On Amendments to the Criminal Procedural Code of Ukraine", the Criminal Procedural Code of Ukraine, and other legislative acts;

–       works of domestic and foreign authors: studies conducted by domestic and foreign scholars were examined in the context of ensuring professional legal aid during pre-trial investigations."

The choice of methods is primarily determined by a systematic approach, which allows for the study of problems within a unified legal framework. To achieve the stated goal of the article, a dialectical approach to scientific cognition has been singled out and a complex methodology of innovative, general scientific, modern directions has been applied, which has found its application specifically in legal science. Thus, the formal-logical method was used to define the terms: "professional legal aid", "legal aid", the essence of pre-trial investigation; the method of legal analysis was used to study the fundamental principles of implementing the institute of professional legal aid during pre-trial investigation; through the comparative-legal method, the norms of European legislation were studied.

Results. This study has concluded that there are several key areas in which the provision of professional legal aid during criminal proceedings could be enhanced.

Conclusions. Although the Constitution of Ukraine specifies "professional legal aid," the more general term "legal aid" employed in other legislation is arguably more inclusive. This broader definition allows for a more comprehensive understanding of the various methods and channels through which legal assistance is provided.