About the need to separate the concepts of “legal assistance” and “protection” in the criminal proceedings of Ukraine
Journal Title: Прикарпатський юридичний вісник - Year 2016, Vol 5, Issue
Abstract
The article investigates the concept of «legal assistance» and «protection» in their application to the field of criminal justice in Ukraine. To this end, an analysis of national laws, international instruments on human rights, the European Court of Human Rights. Supported the position of scientists to the extent that legal aid in terms of the concept is broader than the protection, and the latter is a form of legal assistance to the suspect, accused. The attention that the «legal assistance» should be regarded not only as one of the guarantees of the right to a fair trial, as well as a component of effective legal means of (legal) protection of human rights and freedoms. With this in mind, it is offered the right to legal assistance to allocate a separate principle of criminal proceedings. The recommendations for further settlement of unresolved issues regarding the proper implementation of international standards of the right to legal aid in criminal justice in Ukraine.
Authors and Affiliations
О. І. Коровайко
Keywords
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