LAWYER’S ACTIVITY IN THE STAGE OF PRE-TRIAL INVESTIGATION OF THE GRANTING LEGAL ASSISTANCE TO A WITNESS

Abstract

Detected shortcomings of legal regulation in Ukraine CCP human witness and a lawyer who provides legal assistance to the witness. The ways of legal regulation of procedural rights of these individuals and improve the provisions of Art. 303 Code of Ukraine.

The issue of providing legal assistance to a witness who has received the status of a suspect and the consequences of violating the rights to legal aid has been considered and reflected in the legal positions of the ECHR.

It has been determined that the use of the testimony of witnesses and the use of such testimony in order to prove the guilt of committing a crime is a violation of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The list of decisions, actions or omissions of the investigator or prosecutor that may be appealed during a pre-trial investigation is a limitation of the right to protection. An exhaustive list of decisions, actions or inactions of the investigator or prosecutor that may be appealed during the pre-trial investigation, as well as the subjects entitled to challenge them, is provided. The last witness or counsel who does not provide legal aid is not specified. That is, the witness is deprived of the opportunity to be aware of the procedural decisions of the investigator, the prosecutor and can not take an active part in the criminal proceedings in order to secure and protect their rights and legitimate interests. A lawyer who provides legal counsel to a witness is equally limited in such opportunities. This negatively affects the definition of the content of such assistance, since there is no opportunity to be aware of the tactics of pre-trial investigation, the evidence gathered, the choice, the sequence of procedural actions, tactics and the purpose of their conduct, to take measures to ensure and prevent procedural violations.

The list of decisions, actions or inactivity of the investigator, the prosecutor, which may be appealed during the pre-trial investigation, is expanded and the content of such provisions is specified (unreasonable introduction of information to the URDD; reporting to the UDRR that is not true; the possibility of appealing the decision of the investigator, prosecutor to refuse to satisfaction of the request for other procedural actions, appeal of actions related to the obstruction of access to materials of pre-trial investigation in cases stipulated by law).