DETENTION OF AN ADVOCATE IN CRIMINAL PROCEEDINGS

Abstract

Abstract. The article provided a comprehensive analysis of the theoretical and practical aspects of applying such a temporary preventive measure to an advocate as detention on suspicion of committing a criminal offense. It was stated that the full realization of the professional rights assigned to an advocate to defend the interests of the client is possible provided that an advocate himself is protected, independent and endowed with sufficient guarantees of advocacy. Attention was drawn to the shortcomings of the legal regulation of the procedure for detaining an advocate on suspicion of committing a criminal offense. The Draft law on amendments to the Criminal procedure code of Ukraine and some other Laws of Ukraine on strengthening guarantees of advocacy No. 13453 dated 07.07.2025 was analyzed.  The position of the National association of advocates of Ukraine on urgent issues of improving the system of guarantees of advocacy was highlighted. The inexpediency of vesting the bodies of advocates' self-government with the authority to grant consent to detain an advocate in criminal proceedings was substantiated due to the potential problem of corporate solidarity, conflict of interest and possible leakage of information. The work drew attention to the fact that the High council of justice is formed from a wide range of representatives of the legal profession, including advocates, and is a more equidistant body with respect to the interests of professional communities that delegated the relevant members to it. The article concluded that in order to eliminate cases of illegal detention of advocates and strengthen guarantees for advocates' activity, it is considered optimal to consolidate at the level of criminal procedural and industry legislation the authority of the High council of justice to grant consent to detain advocate on suspicion of committing a criminal offense, as well as to fix a ban on detaining an advocate without the consent of this body until a guilty verdict is passed by the court, with the exception of detaining advocate during or immediately after committing a serious or especially serious crime. Promising areas for further scientific research were identified, in particular, the study of the legal basis for the interaction of authorized bodies with the High council of justice regarding the provision of consent to the detention of an advocate using electronic forms of submission of materials, which are the basis for the application of the said temporary preventive measure.

Keywords: advocate; criminal proceedings; defense, representation; detention on suspicion of committing a criminal offense; guarantees of advocate's activity; bodies of the advocate's self-government; preventive measure.