Dulskyi O. Provision by the party of protection of observance of the rights and legitimate interests of the participants of the search

In the dissertation the basic conceptual provisions of the procedural procedure of conducting a search and participation of the defense party in it are clarified. The current state of the scientific development of the outlined issues has been investigated, as well as detailed coverage of the procedural order and tactical recommendations for conducting the search, primarily by the prosecution party – the investigator, the prosecutor. Instead, it was found that only a few methodological aspects were devoted to the protection partyʼs activities during the search. It has been proved that they need to rethink and properly regulate the provisions regarding the timely arrival at the place of the search and the active participation of the defender in its conduct, aimed at respecting the rights and legitimate interests of the persons conducting the search, as well as the procedural order of the search, proper fixing and removal of his or her search. objects by persons conducting it. It is generalized that the Institute of Advocacy, as a subject of securing the rights and legitimate interests of the search participants, has gone through various stages of formation: from full control by the state bodies authorized to conduct criminal proceedings, to the activity of the bar association–to recognition of the independence of this institute. At the same time, the defense counselʼs involvement in the search was only recently legally enshrined in the special rules of the Criminal Procedure Code of 1960, and detailed – after recognizing that personal interests were deserving of satisfaction and secured in law in the form of guaranteed subjective rights if they are in the public interest or are not in conflict with them.