Journal article Open Access

Implementation of International Standards on Effective Protection in National Criminal Procedure Legislation

M.H. Motoryhina

The article deals with the issue regarding ensuring of effective protection in criminal proceedings. Following analysis of international acts and cases of the European Court of Human Rights international standards which are designated for the exercise of the right to protection in criminal proceeding and ensuring of its efficiency have been highlighted.

It has been proposed to divide these standards in the following groups: i) standards which are aimed at ensuring efficiency of the legal defense carried out by the convicted person independently; ii) standards which contribute to effective legal defense carried out by defense attorney; iii) standards which were developed for effective legal defense carried out by the party of defense (by a convicted person and a defense attorney); iv) standards which have requirements to the state or its bodies and provides its bodies with obligations to ensure an effective legal defense. In this group of standards, the author highlights some elements compliance with which contribute to effective legal defense in criminal proceedings. Following a systematical analysis of the decisions of the European Court of Human Rights it has been concluded that majority of international standards have been implemented in national criminal procedure legislation. At the same time there is a space for improvement because there are standards which were not enshrined in Criminal Procedure Code of Ukraine such as: presentation of procedural documents to the convicted person in his language or other language he/she speaks if he/she signed these documents; providing with an opportunity to choose the defense attorney including the cases of his/her attraction upon appointment; binding the state to ensure the real defense of the suspect, convicted person because the appointment of the defense attorney does not ensure effective legal aid etc.    

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