- Journal Issues
- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of organization and functioning of the advocacy in Ukraine
- Organizational and legal basis of advocate`s defense activity in criminal proceedings of Ukraine
Organizational and legal basis of advocate`s defense activity in criminal proceedings of Ukraine
Review
The paper discusses the concept of advocacy in the criminal process of Ukraine, its structure and organization. The author gives the designation of the concept "defense activity" and describes its basic structural elements: subject, object, motive, purpose, means, methods, actions and results. The article also contains information about organizational actions that should make defense counsel before the court as, for example: develop strategies and tactics for defense; create a comfortable environment for working with client; study the materials of the criminal proceedings; do not form an inner conviction about the guilty of the client, etc.
Special attention is paid to the description of several interesting statements about the defense counsel and his work in the court, which can be used in the formation of uniform rules of an advocate preparing to participate in criminal proceedings. The central thesis of the paper is based on the creation of the unified regulation, which would describe standards of defense activity of the lawyer in criminal proceedings, as was done in the United States of America and some countries of the European Union. The author shows the structure of «Criminal Justice Standarts of the Defense Function» and focuses on the main ideas, which can be used in Ukraine in the time of writing bills. For the purpose of improving effectiveness and quality of defense activity in criminal proceedings, the necessity of introducing amendments to the current legislature of Ukraine has been substantiated.
The paper concluded that in order to have good protective activity of the bottom line, defense counsel need to act, to work on the organization and implementation of goals in the process. The general conclusion is also made as to concerning lawyers need to take the rule that an effective advocate is an acting advocate.
Keywords: defense activity, structural of defense activity, organizational of effectuation of defense activity, standards of the defense activity, participation advocate in the court, protection.