Legal Regulation of a Lawyer in Criminal Proceedings under Code of Ukraine and Laws of Certain Foreign Countries

  • I. Dubivka Postgraduate Student of the Department of Criminal Proceedings of the National Academy of Internal Affairs, Kiev, Ukraine
Keywords: defender, lawyer, criminal process, legal regulation, foreign countries

Abstract

The article analyzes the provisions of the legislation of some foreign countries regarding the regulation of the participation of a lawyer (advocate) in criminal proceedings and suggests comparison with the relevant norms of the Criminal Procedure Code of Ukraine. Each country held its path of reform, and so the study of lawmaking experience allows to accumulate the most valuable components and examples of legal regulation and law enforcement. Common features of legal regulation of a lawyer (attorney) in criminal proceedings under the law of Ukraine and some foreign countries due to the gradual deepening international cooperation in the fight against crime and the development of the rule of law, human rights, strengthening the overall democratic standards in criminal proceedings. The main features of the common law of some foreign countries and Ukraine noted the presence of rules include: 1) identification of the person who may be criminal defense lawyer; 2) requirements in support of the powers defender; 3) obligations defender; 4) order to attract the defender; 5) cases mandatory participation of defense counsel; 6) failure conditions, replacement, removal keeper.

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Author Biography

I. Dubivka
Postgraduate Student of the Department of Criminal Proceedings of the National Academy of Internal Affairs, Kiev, Ukraine

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How to Cite
[1]
Dubivka, I. 1. Legal Regulation of a Lawyer in Criminal Proceedings under Code of Ukraine and Laws of Certain Foreign Countries. Law Magazine of the National Academy of Internal Affairs. 13, 1 (1), 350-358.
Section
International experience