Review

The article deals with the issue of consolidation of advocacy monopoly in Ukraine at the legislative level. It is noted that a modern institution for protection in criminal proceedings represents a long way of evolution. It is an important and attorney in any field of justice nowadays, because the mechanism for it’s implementing aims controversial issue at implementation of the right to the protection of individuals. It complies with European standards. The author analyzes the theoretical and practical aspects of implementing advocacy monopoly in Ukraine and its implementation mechanism in some European countries.

A special attention is paid to the correlation between the concepts of «attorney» and «expert in the field of law». Comparing the norms of domestic criminal procedural legislation and the provisions of the Criminal Procedure Code of Ukraine in 1960, the author concludes that the use of the term «legal aid» has a wider concept of the content and includes all types of «legal assistance» concept of which was fixed in the criminal procedure law in 1960.

To sum up, the author concludes that advocacy monopoly should be developed only in criminal proceedings, because it is necessary to create appropriate mechanism of its realization, and to move to other areas of proceedings and types of legal aid. As well known is the fact that the lawyers – highly qualified specialists, knowledge, rights and obligations are governed accordance with a special legislative act. But nevertheless, remains unclear implementation of this mechanism, since becoming a stand-alone, the only institution to provide legal aid lawyer community installed "their rules" requirement for contributions internship exam and the possibility of monopolistic pricing of a lawyer. Currently, these issues are open for discussion.

Keywords: protection in criminal proceedings, advocacy monopoly as a mechanism for the implementation of the right to defense in criminal proceedings.