| Article | Legal Position of Defense in Criminal Proceedings: Advocacy in Proof |
|---|---|
| Authors |
Yanovska O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2014 |
| Pages | 124 - 150 |
| Annotation | The article deals with particular aspects of defense advocacy in proof in criminal proceedings in Ukraine. The article identifies the need in practical procedural instruments for lawyers to enable them and their clients to take an active part in the process of proof. The author notes that the right of the lawyer to participate in proof will ensure implementation of one of the most important principles of democratic justice — the adversarial principle. The author also believes that the equality of the parties shall provide equal opportunities to exercise their rights as well as give a party no significant advantages for a party. In general, it is indisputable that the counsel must take an active part not only in the stage of evidence collecting, but also in the process of evidence evaluation with certain legal consequences. This article contains author’s proposals regarding improvement of regulation of counsel legal position in criminal proceedings. |
| Keywords | adversarial, proof, defense, legal position, procedural rights. |
| References | |
| Electronic version | Download |