Marchenko T. The right of the suspect, accused to have adequate time and facilities for the preparation of his defence: theory and practice of implementation in the criminal proceedings of Ukraine

PhD thesis in Law, major 081 – Law. – National University «Odesa Law Academy», Odesa, 2021. The dissertation is devoted to the study of the right of the suspect, accused to have adequate time and facilities for the preparation of his / her defence, in the context of European standards with a view to the peculiarities of the implementation of this right in the criminal proceedings of Ukraine. From the standpoint of the established case law of the ECtHR, the content of the right of the defenсe to adequate time and the right to adequate facilities to prepare a position in the case was defined by identifying components / aspects of these rights, determining the conditions under which these rights will be respected. The following aspects (components) of the right to adequate time for the defence to prepare a position in the case are identified: the right to be informed in time about the nature and cause of the accusation, change of the accusation, new circumstances in the case, including submission of additional evidence by the prosecution; receive timely legal assistance and assistance from an interpreter, have enough time for meetings and communication with counsel; have timely access to case materials and have enough time to examine them, prepare notes and photocopies, discuss them with counsel; have adequate time to involve witnesses, obtain expert opinions; have adequate time to study the full text of the court decision in order to prepare a position for its appeal in the courts of higher instances and to be informed about the deadlines for its appeal.The degree and nature of reflection of European standards of observance of the right to adequate time and the right to adequate facilities in the norms of national legislation are determined, in particular, it is argued that despite the declaration in the legislation of a number of important provisions aimed at guaranteeing the rights of the defenсe and meeting European standards provided by the Convention and developed by the ECtHR, there is an urgent need to improve both the provisions of the Criminal Procedure Code of Ukraine and substantial enforcement work. It is proposed to supplement Part 10 of Art. 290 of the CPC of Ukraine by conditions that must be taken into account by the investigating judge when considering a request to set a deadline for reviewing the materials of the pre-trial investigation, expanding the existing criteria (scope and complexity of materials, conditions of access).