Andrusiv V. Participation of counsel for the defense in the court of the primary jurisdiction in the criminal process of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U006187

Applicant for

Specialization

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

25-11-2010

Specialized Academic Board

26.731.03

Essay

In the framework of this research paper the content of activity of counsel for the defense in the court of the primary jurisdiction was explored, the basic appropriateness of this activity were exposed and on its basis the general algorithmic recommendations for the counsel for the defense were worked out, the place and the role of the counsel for the defense in providing the defendants' right for protection realization in a court of the primary jurisdiction was identified, the content of rights and duties of the counsel for the defense was found out in the stages of preliminary consideration of a case by a judge and during the trial. The content of right of defendant was found out, and its definition was given. The correlation of right of defense with a right for legal help was defined. The correlation of legal status and judicial position of counsel for the defense was defined. The circumstances, which eliminate a participation of counsel for the defense in a case were explored. The features of participation of counsel for the defense in the jury and in cases regarding the crimes of minors were defined. The suggestions for improvement of current legislation, which regulates activity of counsel for the defense were worked out.

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