STATE OF SCIENTIFIC RESEARCH ON THE PROCEDURAL STATUS OF DEFENDANT IN CRIMINAL PROCEEDINGS

Abstract

The article emphasizes that the issue of the procedural status of the
defender in criminal proceedings occupies a special place in Ukrainian criminal
procedure science. This is because the effective realization of the right to a
defense, as enshrined both in the Constitution of Ukraine and in international
human rights acts, depends on the correct definition and understanding of this
participant’s legal position. It is highlighted that amidst the current challenges
brought about by criminal justice reform, dynamic legislative changes, and
transformations caused by socio-political processes, the matter of determining
and securing the procedural status of the defender remains relevant for both
theorists and practitioners. The text points out the special importance of a
systematic analysis of the current state of academic research, the classification of
approaches, and the identification of problematic aspects that require further
study and generalization. It is emphasized that synthesizing information from
various sources, organizing it by thematic sections, and conducting a critical
analysis not only delineates the current level of development of the topic, but also
clearly defines directions for further research and improvement of the regulatory
framework for the defender’s procedural status in criminal proceedings. The
assessment of research on the procedural status of the defender in criminal proceedings was carried out by studying scientific information found in the
following academic sources: monographic works, including dissertations,
abstracts, single-author and/or collective monographs; periodicals and materials
of conferences, round tables, etc.; and educational literature. The scholarly works
were categorized according to the scope of the issues under study (thematic
content), specifically: works on theoretical and praxeological aspects—definition
of subjects of criminal proceedings, their systematization and regulation of their
activities; provision and realization of the right to a defense in criminal
proceedings; access to legal assistance in criminal proceedings; regulation of the
procedural status of the defender in criminal proceedings and ensuring their
participation in criminal process; and the features of exercising the procedural
status of the defender in certain types of criminal proceedings.