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CRITERIA FOR RECOGNIZING THE EFFECTIVENESS / INEFFECTIVENESS OF PROVIDING LEGAL ASSISTANCE IN CRIMINAL PROCEEDINGS ACCORDING TO THE JUDICIAL PRACTICE OF THE SUPREME COURT
Author(s) -
Nadiia Drozdovych
Publication year - 2021
Publication title -
pravova deržava
Language(s) - English
Resource type - Journals
ISSN - 2411-2054
DOI - 10.18524/2411-2054.2021.42.232416
Subject(s) - law , political science , relevance (law) , legislation , supreme court , criminal procedure , judicial opinion , judicial review
 The article is devoted to the problems of practical implementation of the guaranteed right to defense in criminal proceedings. In particular, it emphasizes the relevance of the issue of the effectiveness of legal assistance, and thus the quality of such assistance in criminal proceedings. To study this issue, a comparative method of legal research was used, since empirical data from international judicial practice were used; as well as a scientific and practical method that provides for the processing of data from domestic judicial practice with subsequent analytical and generalizing processing of the selected examples of legal situations. The publication states the sufficiency of regulatory guarantees for the provision of legal assistance in criminal proceedings, which is declared by international documents and implemented in the national legal system at the level of general and sectoral legislation. First of all, the study considers the recommendations of the European Court of Human Rights on the content of Legal Aid and indicates the vectors of understanding its quality and effectiveness, formulatedin numerous decisions of this international judicial institution, which is considered wellestablished international judicial practice. Theoretical aspects of determining the effectiveness of legal assistance in criminal proceedings are also presented, as well as retrospective and modern understanding. Further, the criteria of this concept are summarized, and subsequently, attention is focused on domestic judicial practice, in particular the Criminal Cassation Court as part of the Supreme Court, as the highest court that ensures the unity of judicial practice. Based on this, criteria for the effectiveness of legal assistance were also generated, guided by specific examples from typical criminal proceedings. At the same time, legal situations are considered in practice, when legal assistance was recognized as ineffective, as well as cases of refutation of false allegations of the parties to criminal proceedings regarding the inadequate quality of legal assistance at various stages of criminal proceedings. As a result, within the scope of current judicial practice, an indicative list of criteria that can be used to determine the quality of legal

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