Biryukova A. Advocacy securing of the defendant’s constitutional right of defense in a criminal procedure of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U004224

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

06-10-2006

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is dedicated to modernizing of the Ukrainian legislation in the branch of advocacy securing of the defendant’s constitutional right of defense. The research comprised the issues of the public character of advocacy, as well as the requirements to normative regulation of advocacy. The concepts and characteristics of the legal safeguard of advocacy securing, the right of defense and the right of legal assistance were also researched. The new approaches to solving of the issue of differentiation between representative attorney’s legal status and defense attorney’s legal status in a criminal case are suggested. The grounds of differentiation between the types of legal safeguard of advocacy securing while defending in a criminal case based on the entity enjoying these safeguards were examined. The investigation also touched the reasons of unsuccessful normative regulation of the grounds and terms of attorney’s participation in a criminal case at the time of a prejudicial including such participation at the stage of solving issues on the criminal proceedings initiation. The Thesis contains the suggestions of projects on amendments and supplements to the Ukrainian laws in line with the Thesis subject matter."

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