Анотація

This article examines some aspects of violation of the right of a suspect (accused) in defense in criminal proceedings. The author examines the problem of providing the mandatory participation of defense counsel in criminal proceedings and attracting defender procedure for individual proceedings. The author stresses that in case of violation of the rights of the suspect (accused) to defense the national legal mechanisms for review of judicial decisions in criminal proceedings and international judicial institutions for the protection of the suspect (accused) should be used.

The author notes that the presumption of the priority of rights of the suspect (accused) to engage defense counsel of their own choice must act at any stage of the implementation of the criminal proceedings. The right to counsel applies to all stages of criminal proceedings, including pre-trial investigation, pre-trial period, trial, and appellate procedure. Whereas it is important that between the accused and the lawyer established a relationship of trust and confidentiality, the accused has the right to choose who will represent him. However, the defendant does not always have the unlimited right to choose a lawyer if the latter services are paid by the state. The European Court ruled that the appointment defender courts should take into account the wishes of the accused, but such requests could be ignored in the interests of justice. In the case of the groundless involvement of defenders, unmotivated refusal to provide for exploring of the materials of the criminal proceedings, lawyers should declare the application for removal of investigator, prosecutor, investigating judge on the grounds of bias. In the case of proceedings without a lawyer, lawyers must apply for recognition of the received during these proceedings evidence inadmissible due to violation of the right to defense. In the article the author gives practical advice to lawyers and formulate proposals to improve the criminal procedural legislation of Ukraine.

Keywords: the right to defense, mandatory participation of the defender, suspect, accused, legal aid.