Review

The article deals with the investigating the problems of the providing by advocate the right for defense in criminal proceedings of Ukraine nowadays according to the judgments of European Court of Human rights. In terms of criminal procedure proceedings reforms as a whole and advocacy institute in particular, it appears difficult to overstate the importance and interest to a defense as a legal institution, because its implementation enables full and comprehensive development of democracy, equality of people, the right for defense of an accused.

The author focuses on reveling practical problems of the rights of potential suspected in the stage of pre-trial investigation in Ukraine, negative trends of legal regulation these issues in the Criminal Procedure Code of Ukraine. Different cases on the issue of the principle of providing the early legal aid in judgments of European Court of Human rights are analized and author justifies some proposals of the defining the legal status of the new subject of protection party in criminal proceedings of Ukraine – the person, that really suspected in sense of the providing the right for defense. A range of persons whose procedural rights provide for such participation, as well as the cases and conditions for such participation, are defined.

The practice of ECHR about the principle of providing the early legal aid, free legal assistance, the right of free choice of the defender establish legal basis for changes the ways of realization the right to protection from suspicion in a criminal activity. The above mentioned and the practice reflected the conclusions about drawbacks of legal determination general conditions of the realization the right for defence and necessary changes and additions to the Criminal Procedure Code of Ukraine.

Кey words: the principle of providing the early legal aid, the right  for defence, the suspected, the accused, the defence lawyer, free legal assistance, judgments of the European Court of Human Rights.