Review

The paper addresses the issues of the criminal procedural guarantees of defender as a subject of proof in the survey of participants in criminal proceedings and other persons in pre-trial investigation, on the basis of analysis of scientific sources, domestic and foreign criminal procedural law, material practice and the survey of lawyers.

Developed and offered to provide in ch. 4 of Criminal Procedure Code of Ukraine procedural order to obtain evidence by defense counsel of the survey participants and other persons in criminal proceedings.

The author focuses on the fact that the place of the survey by defender may be the defender workplace or other accommodation in which he carries out advocacy. If the person refuses to provide explanations in the workplace defender or another accommodation in which he carries out advocacy, in this case the defender must agree to a person about place of the survey. Conducting surveys by defender at night (from 22 to 6 hours) is not permitted, except in urgent cases where polls person is not able to explain at another time. Author proposes the list of duties, which is endowed defender before survey participants in criminal proceedings and other persons.

It is proved that the results of the survey by defender of participants and other persons in criminal proceedings must be at  "Poll protocol", which must meet the requirements set by Articles 104-107 of Criminal Procedure Code of Ukraine. The protocol must be confirmed by the signature of the person being questioned of execution by defender relevant requirements. Progress and results of the survey by defender of participants or other persons in criminal proceedings necessarily recorded by technical means.

Keywords: defender, poll, proving, evidence, explanation.