Open AccessLEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS
Author(s) -
В. Ю. Монастирська
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-103-1.46
Subject(s) - law , political science , human rights , international law , legislation
The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.