Professional guarantees of advocacy of the lawyer's activity for carrying out a search in relation to the Ukrainian lawyer in the context of their compliance with the traditions of European countries and the practice of the European court of human ri Cover Image

Профессиональные гарантии адвокатской деятельности по осуществлению обыска в отношении украинского адвоката в контексте их соответствия традициям европейских стран и практике европейского суда по правам человека
Professional guarantees of advocacy of the lawyer's activity for carrying out a search in relation to the Ukrainian lawyer in the context of their compliance with the traditions of European countries and the practice of the European court of human ri

Author(s): Viktor Zaborovsky
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Sociology of Law
Published by: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
Keywords: lawyer; guarantees of the activities of a lawyer; the search of a lawyer; a lawyer's secret;

Summary/Abstract: In this paper, an analysis the legal nature of guarantees of advocacy, which ensure that a special status of an lawyer is taken into account when conducting a search against him. The views of scientists, as well as the regulatory regulation (both for Ukrainian legislation and the legislation of foreign countries) and the practice of the European Court of Human Rights in this domain are analyzed. It is concluded that, despite the fact that Ukrainian legislation in the domain of guaranteeing advocacy during a search for a lawyer is generally consistent with the traditions of European countries and the practice of the European Court of Human Rights, but the presence of significant inaccuracies and gaps, as well as the actual lack of The Criminal Procedural Code of Ukraine on the specifics of such an investigative action in relation to a lawyer does not ensure the proper observance of guarantees for the preservation of a lawyer's secret.

  • Issue Year: 42/2017
  • Issue No: 115
  • Page Range: 355-369
  • Page Count: 15
  • Language: Russian