Review

In the article, based on the analysis of scholarly works of scientists, domestic criminal procedural legislation, international legal acts and materials of law practice, the problematic issues of the implementation of the protection function during the trial in the criminal process of Ukraine are considered.

The purpose of the article is to find out the problem issues of the implementation of the function of protection in court proceedings in criminal proceedings at the present stage of development of legal and judicial reform in Ukraine.

According to the results of the study, there were made conclusions and proposals to increase the effectiveness of the protection function during the trial of a criminal proceeding.

The position on giving the right to protection to the party after the announcement of the indictment by the prosecutor has been supported is to object to the prosecution. The necessity of personal involvement of the accused in the trial and obligatory participation of the counsel in the cases where the law provides for the possibility of trial without a defendant is substantiated. Offered in case of removal the defendant from the courtroom, in violation of the order of the court, to provide for the possibility of his participation in the court hearing in the video conferencing regime, as well as to entitle the accused to return to the courtroom before the trial begins.

It is noted that the court should take into account the position of the party of protection regarding the volume and order of research of evidence and change them, if necessary, on motivated petitions of participants in the proceedings. There was paid attention to the importance of the active participation of the defense party in the study of evidence during the trial for the effective implementation of the function of protection at that stage

Key words: defense function, defense, right to defense, party defense, defender, accused, trial, criminal procedure.