Анотація

Based on the analysis of the valid provisions of the criminal procedure law, scientific literature, legal practice and the survey of lawyers, author of the article highlights areas of realization criminal procedural guarantees to using defender the means of obtaining evidence in pre-trial investigation.

It is noted that for ensuring proper criminal procedural guarantees to using defender the means of obtaining evidence in pre-trial investigation by way of demanding and obtaining from state authorities, bodies of local government, enterprises, institutions, organisations, officials and natural persons objects, copies of documents, information, audit and inspection reports and realization adversarial principles of criminal proceedings, advisable p. 1 art. 85 CPC of Ukraine a paragraph 2 to shall read as follows: “Evidence is found admissible if obtained by advocate through a procedure prescribed Law of Ukraine "On Advocacy and Legal Practice".

Substantiates the necessity making changes to paragraph 2 part 3 article 93 CPC of Ukraine: Investigative (search) activities are initiated by the defence, victim or representative of the legal person in whose respect proceedings are taken by way of filing appropriate request with the investigating judge.

Offered in the CPC of Ukraine determine the procedural order use by defender provisional access to objects and documents containing information that is a State secret.

It is noted that if to obtain from participants in criminal proceedings and other persons, subject to the their consent performed by defender then the course and results of this obtain shall be entered in the record, which should meet requirements of Articles 104-107 of this Code. Сourse and results of this obtain shall be necessarily fix by technical meansю

Keywords: guarantees, proof, defender, pretrial investigation, evidence, means.