Review

The paper includes analysis of proposals to expand the professional rights and duties of lawyers, guarantees of their professional activities, including in criminal proceedings, in the draft law "On amendments and additions to the Law of Ukraine" On the Bar and Advocate's Activity ", prepared by a working group of the Council on Judicial Reform under the President of Ukraine. Favorable provisions of the bill is to expand rights lawyer: collect evidence by any means not prohibited by law; have identified access to public registers, including the Unified Register of pre-trial investigations, the automated workflow system Court; greater access to information by advocates; not prohibited by law to use technical means without any permission or court officials, including with the aim of procedural and other actions in which the lawyer is involved; have easy access to courthouses, law enforcement agencies, institutions for pre-trial detention and prison, public authorities at any time, if the premises is maintained or held its client; participate in any investigation or proceedings in which the client is involved or conducted regarding client. It is difficult to agree with the provisions of the draft law on the introduction of administrative liability of attorney for abuse for lawyer request and with the list of actions the lawyer that considered an abuse of that right.

Proposed that any measures to criminal proceedings, operational-search measures and investigative (detective) actions, including covert, relatively to lawyer, applying a preventive measure, detention or any restriction of freedom of movement counsel during the pretrial investigation of criminal offenses made only on the basis of judgments by the Court of Appeal ARC, regional Court of Appeal, Kyiv or Sevastopol, which exercises authority investigating judge, rendered at the request of the Prosecutor General of Ukraine, his deputies, the Prosecutor of the Autonomous Republic of Crimea, region, cities of Kyiv and Sevastopol in connection with criminal offenses which are suspected of having committed by lawyer. Also needs to make appropriate amendments to the relevant provisions of the Criminal Procedure Code of Ukraine and in particular to Chapter 37 of the Criminal Procedure Code of Ukraine. Expressed proposal for mandatory presence of members of the Board of Advocates in the region during the detention of a lawyer, the announcement about suspect. Representative of Board of advocates advisable to recognize a member of the criminal proceedings with the definition of its procedural status that needs fixing at the Criminal Procedure Code of Ukraine.

Keywords: advocacy, lawyer, law, guarantees, defender, representative, criminal proceedings.