Protector Participation at Patrol Police Consideration of Cases

Abstract

Purpose. In the article, we are talking about the right of the person who is drawn to administrative liability, to take advantage of the legal assistance of a lawyer. The author aims to analyze national administrative law, defining the legal status of a defender and describing the procedure for handling administrative violations by patrol police with his participation. The text stresses the need for normative modernization and legal improvement of administrative legislation, stresses the constitutional attachment of the right of everyone’s to apply for the protection of his own rights and makes a critical remark about the existing procedure for the participation of a defense counsel in the consideration course of administrative violations cases by the patrol police. After that, the idea is based on the fact that the modern legal aspect of the given problem needs further research. Methodology. When writing a scientific article, the author used such scientific methods as: analysis, synthesis, explanation, observation, modeling, comparison, deduction, induction, and others. Scientific novelty. In the article, the author lists the persons who is invested with right to render legal assistance during the conduct of the administrative patrimony of the patrol police, in accordance with Ukrainian administrative law, and sets the criteria by which they must comply. After that, the author enters into the study of the rights and duties of a lawyer, details of the list of powers that the legislator gave the latter. Based on the analysis of the administrative legislation of our state, and also taking into account the practical activities of the patrol police officers, the author established deficiencies in the procedure for involving a defense counsel in the case of administrative offenses by the patrol police, which, as a result, highlights and describes the characteristic features which, according to the author, must be taken into account by the legislator. The author focuses on determining the dates of the case, gives a critical remark and in order to resolve possible misunderstandings between the parties, suggests, making specific changes to the law. The conclusions emphasize the duty of the proper provision of the state with the right of a person to protect, the need to improve the legislation and practice of the patrol police during the conduct of proceedings with the participation of a defense counsel.

Keywords: defender; consideration of cases; patrol police; administrative offense; lawyer; secondary legal aid.