A lawyer as a subject of implementation of the institution of representation in criminal proceedings

Abstract

The article is devoted to a comprehensive theoretical and legal justification of the role of a lawyer as a subject of the implementation of the institution of representation in criminal proceedings, its procedural status, functions and powers are clarified, and directions for improving the legal regulation of advocacy within the framework of criminal proceedings are identified.

Particular attention is paid to the analysis of the regulatory framework regulating the participation of a lawyer in criminal proceedings, in particular the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine «On Advocacy and Advocacy» and international standards for the implementation of legal aid.

It is substantiated that a lawyer is a key subject of the implementation of the institution of representation in criminal proceedings, which provides professional legal assistance and guarantees compliance with the rights and legitimate interests of persons involved in the process. It is established that the legal nature of the participation of a lawyer as a representative combines the features of procedural protection and legal mediation between the state and a participant in the criminal process. The main problems of law enforcement are identified, including: insufficient detailing of the rights of a lawyer in representing a victim, the unclear boundaries between the concepts of «protection» and «representation», as well as the limitations of mechanisms for monitoring compliance with the guarantees of legal activity.

It has been established that criminal justice constitutes a system of norms and procedures aimed at detecting, investigating, adjudicating, and resolving criminal offenses in order to maintain public order, ensure the inevitability of punishment, and protect human rights and freedoms. It has been outlined that procedural guarantees comprise a set of legally prescribed measures and procedures designed to ensure a fair, lawful, and impartial consideration of a case, as well as to protect the rights and freedoms of the participants in the proceedings.

It is proven that a lawyer is one of the key figures in the institution of representation in criminal proceedings, through his activities the constitutional guarantees of the right of a person to legal aid and ensuring the principle of the rule of law, the balance of interests of the state and the individual are implemented, which necessitates the further development of theoretical and practical aspects of the institution of representation in criminal proceedings. The effectiveness of representation in criminal proceedings largely depends on the level of professional training of lawyers, the improvement of the regulatory and legal framework and the creation of effective mechanisms for protecting their independence.

The scientific novelty lies in the comprehensive elucidation of the legal nature of attorney representation in criminal proceedings and in the formulation of proposals for improving its normative regulation.