Spiridonov M. Criminal Liability for Violation of the Right to Defense.

The dissertation is focused on the criminal and legal analysis of flagrant violation of the right to defense under the Art. 374 of the Criminal Code of Ukraine, on the basis and means of differentiation of criminal liability for this violation, as well as on the problems of punishment for this crime. The author has studied the content of the right to defense as a social and legal value and its significance in the mechanism of ensuring human rights and the adversarial principles within criminal proceedings. The author has provided the estimation of the current state of scientific development of the problems of liability for violation of the right to defense, as well as the actual state of the realization of criminal liability for this violation. International experience of providing criminal and legal protection of the right to defense has been studied. The author has analyzed the corpus delicti of the crime under the Art. 374 of the Criminal Code of Ukraine. The author has estimated the perfection of the means available in the General and Special Sections of the Criminal Code, which provide differentiation of criminal liability for the violation of the right to defense. The author has considered the sanctions contained in the Art. 374 of the Criminal Code of Ukraine.