Review

Based on the results of the analysis of the provisions of the current criminal procedural legislation of Ukraine, materials of law practice, scientific sources, the author analyses the problem issues of determining the procedural form of documents reclamation as a manner of obtaining evidence by a defender in criminal proceedings.

The article argues that the domestic legislator did not specify in the current CPC of Ukraine the procedure of the documents reclamation by the defender in criminal proceedings. The results of the analysis of materials of criminal proceedings provide grounds for the author's conclusion that, in practice, the documents reclamation of a defender, addressed to the state bodies, local self-governmental bodies, enterprises, institutions, organizations, officials and individuals or reclamation their copies is carried out by submitting advocates' request in accordance with the procedure provided by the Law Of Ukraine "On Advocacy".

The author formulates a list of requirements, which must meet the lawyer's documents reclamation, and proposes to make appropriate amendments to Part 1 of Art. 24 of the Law of Ukraine "On Advocacy".

The article underlines that the documents, received as a result of submission of the advocate's reclamations will not be recognized as admissible evidence in criminal proceedings, since, according to Part 1 of Art. 86 of the CPC of Ukraine is admissible if it has been obtained in accordance with the procedure established by the CPC of Ukraine. In view of this point, in practice, cases where investigators (detectives), prosecutors, judges do not recognize admissible evidence documents obtained as a result of the submission of advocate's request are not common. In this regard, it is proposed to supplement Part 3 of Art. 93 of the CPC of Ukraine, the following provision: "The documents reclamation, is made by the defendant, of or reclamation their copies, certified in the established procedure, with the exception of documents or copies thereof, which constitute state and official secret, shall be carried out by filing a advocate's request in the manner prescribed by the Law of Ukraine "On Advocacy".

Keywords: lawyer, proof, documents reclamation, advocate's request, adversarial principle.