LEGAL REGULATION OF THE PROCEDURAL STATUS OF A DEFENSE OFFICER IN CRIMINAL PROCEEDINGS

Abstract

The article emphasizes that a comprehensive analysis was conducted of the
normative and legal framework regulating the status of the defender: an overview
is provided of the main provisions of the Criminal Procedure Code of Ukraine, the
Laws “On the Bar and Advocacy,” “On Free Legal Aid,” as well as the practice of the
Constitutional Court of Ukraine regarding the official interpretation of the right to
legal assistance and the right to freely choose a defender. It is particularly noted
that modern Ukrainian legislation is largely harmonized with international
standards regarding guarantees of defense in criminal proceedings. It has been
established that the procedural status of the defender in criminal proceedings in
Ukraine is based on a harmonious combination of substantive and procedural law,
as well as the provisions of international instruments that define general
standards for the administration of justice and the protection of human rights. It
is noted that Ukrainian legislation clearly regulates the requirements for a person
who can act as a defender, and also establishes a set of rights, duties, and
guarantees to ensure effective protection of suspects and the accused. It is
emphasized that a developed system of responsibility for lawyers and defenders,
as well as mechanisms for protecting their professional rights, create the
necessary conditions for the proper fulfillment of their mission. The article
highlights that the modern development of the Ukrainian legal system, its
alignment with international standards, its orientation toward the practice of the
European Court of Human Rights, and the clarifications of the Constitutional Court
of Ukraine contribute to the formation of a unified and consistent law
enforcement practice. This results in a high level of legal certainty, ensuring
reliable protection of the fundamental rights and freedoms of every individual. It
is stressed that continuous improvement of subordinate regulatory acts, which
detail and expand the defender’s toolkit in criminal proceedings, is also
important, taking into account the dynamics of social development and modern
challenges. It is indicated that the synergy of legislative and institutional
guarantees provides a balance of interests of the parties in criminal proceedings, increases citizens’ trust in the judiciary, and promotes the establishment of the
rule of law.