Cherniyak N. The ensuring of the right of the accused to protection in the system of the criminal court proceedings

Problems connected with the increasing of the efficacy of rights ensuring activity at the pretrial proceedings at the pretrial investigation are considered in the dissertation. Ensuring of the right of the accused to protection in the system of the criminal court proceedings of Ukraine, realization of principles of the presumption of innocence, adversarial character of the parties and independence of judges are researched. The content of the historical backgrounds of forming of the status of the accused and contemporary problems relevant to the status of the accused are revealed. The general issues of the procedural guarantees of the accused during the pretrial investigation, the right of the accused during the pretrial investigation and the duties of the prosecutor directed to protecting and ensuring of the legal interests and rights of the accused are considered. The current legislation and international experience of ensuring of the right of the accused to protection are analyzed. The protection ischaracterized as a criminal and procedural function. The propositions concerning changes of the current legislation and improving of the legislation to protection, criminal and procedural rights and legal interests of the accused as a person to whom the measures of the criminal and procedural enforcement may be applied, are formulated. Theoretical regulations and specific recommendations connected with the realization of the right to right to protection by the accused are elaborated.