Review

The questions of enforcement of the right to a fair trial and respectively the appointment of a counsel in criminal procedure are considered in this article, based on analysis of the European court on human rights practice. The aim of this article is to find the basic violations of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The definition of the right to a fair trial and its implantation are not consolidated as it is contained in different regulatory legal acts. However, the limitation of wide interpretation of principles is not correct approach in democratic society as the European court on human rights considers. The state shall guarantee the professional legal help by advocate and pro bono assistance, if person need it. The legal aid should be provided by the state to create the effective legal defense and to enforce the right to a fair trial. According to the ECHR and to the European legislation, there are two common criteria to apply  pro bono legal services: "financial test" and "merit test". The ECHR practice does not contain constant formula applied in typical cases. The ECHR applies the individual approach, deep analysis and objective valuation on the trial for the most effective solution of the case. The right to a fair trial should be considered in relation to one of its elements - the legal effectiveness, under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The appointment of counsel in criminal procedure is as a guarantee and protection from violations of human rights by the state. It is not only a legislative provision, however a practical necessity also. According to international regulatory legal acts, Ukraine shall provide an appropriate legal aid during criminal procedures. The legal regulation of this question should be improved in national legislation of Ukraine. However, the amendments are not sufficient method for the enforcement of the right to a fair trial. The practice of the European judicial authorities is liberalized and integrated with new technologies more intensive. The simple procedure of filling an application, the possibility to have a legal assistance via videoconference and other procedures provide a wide range of the opportunities for person to appoint an advocate. The providing of counsel participation in the criminal proceedure is not only the guarantee for person in form of the enforcement of the right to a fair trial. It also minimizes the risk of initiation the procedure in the ECHR, hence it guaranties the recognition of the state on the international scene.

Keywords: the right to a fair trial, the professional legal help, efficiency defense, secondary free legal aid.