Review

The article is devoted to the relevance of the protecting of the rights, freedoms and legitimate interests of the suspect in the application of apprehension of a person in criminal proceedings of Ukraine. It is noticed that aprehhension of a person is one of the most severe measures of restraint.

Author discovered that protecting from illegal and unproven apprehension of the person practically consists of two main stages: the first means the activity of defense counsel in the course of apprehending a suspect; the second is related to challenging decisions, acts or omissions, involved with the apprehension of a suspect by his defense counsel. The urgent questions of determinating the admission time of defense counsel in criminal proceedings during the apprehending of a person, and also free choice of the defender by the person who has been apprehended on suspicion of having committed a criminal offence, have been also considered in the article. The authorial variant of amendments to enforceable criminal procedure law of Ukraine, aimed at the ascending the defense level of the rights and legitimate interests in the course of apprehending a suspect, is recommended in the article.

It is concluded that to ensure the practical realization of the rights of persons detained on suspicion of crimes teachings, to free choice of counsel, we consider it necessary to amend ch. 4 Art. 213 CPC that the authorized officer who carried out the detention, said the detention defender, involved the suspect alone, and the authority empowered by law to provide legal aid reported detention only if the suspect is unable to attract the defender own or elected suspects counsel came to the detainee within three (3) hours of notification of the detention. Thus, in ch. 5, Art. 208 CPC should provide that in the minutes of detention indicated as information about a message defender or body authorized by law to provide free legal aid.

Key words:  defense, defense counsel, measures of restraint, aprehhension, criminal proceedings, pre-trial investigation, rights of suspect, evidence.