CURRENT ISSUES IN THE TACTICAL SUPPORT OF DEFENCE COUNSEL’S PARTICIPATION IN INVESTIGATIVE (SEARCH) ACTIONS

Анотація

The article examines the tactical foundations of defence counsel’s 
participation in investigative (search) and other procedural actions at the pre-
trial stage, positioning “defence tactics” as a subsystem of criminalistic (forensic) 
tactics and as an element of the “adversarial criminalistics” concept. Based on an 
analysis of doctrine and the provisions of the Criminal Procedure Code of Ukraine, 
it outlines a two-track mechanism for implementing tactical tools (directly by 
counsel and indirectly through motions to the pre-trial investigation 
body/prosecutor) and their functional purpose: ensuring procedural parity 
between the parties, neutralising resistance, and creating conditions for the active 
vindication of the rights of the suspect/accused. The study identifies key 
imbalances in the current legal framework–imperfect mechanisms for obtaining 
and using statements, the absence of mandatory guarantees of counsel’s 
participation during searches, and time constraints in precautionary (pre-trial 
restraint) procedures. It proposes avenues for improving the CPC of Ukraine: 
recognising statements as a procedural source of evidence, mandating defence 
participation during intrusive investigative (search) actions, and standardising 
notification and admittance procedures. The practical significance lies in shaping 
tactical-methodological benchmarks that strengthen genuine adversarial 
proceedings and align national practice with the standards of the European Court 
of Human Rights (ECtHR).