PARTICIPATION OF A DEFENSE LAWYER IN THE COLLECTION AND VERIFICATION OF EVIDENCE

The authors note that the legal basis for the participation of a defence attorney in criminal proceedings is based on norms of the constitutional guarantee of everyone a citizen to receive qualified legal assistance, which in his turn follows from the obligation of the state to ensure reliable protection of rights and freedoms of citizen. In addition, the legal status of a defence lawyer is based on the norms of moral and ethical content, which in their totality form the professional ethics of a lawyer. The defence attorney is the most important participant in legal proceedings against whom the law functions are assigned to provide legal assistance and protect the rights and interests of protected persons. This means that in order to fulfil your assignment in criminal proceedings to the defender must be the necessary powers have been granted. The authors note that the definition of the concept of proof: the criminal procedural proof is the activity of subjects of criminal proceedings carried out in in the form established by law and within limits determined by it, for the purpose of knowledge and establishing the circumstances of the criminal event and ensuring the achievement of goals other participants in criminal proceedings. The entry of a defence attorney into criminal proceedings must be carried out in order to ensure the right of persons against whom a criminal investigation, defence or in cases directly provided for in the criminal procedure law. The defender is the subject of criminal procedural activity and, therefore, also the subject of evidentiary activity. By virtue of its procedural situation, the defender is obliged to prove. Evidence-based activities of a defence attorney can have both procedural and non-procedural forms. In any case, the result of this activity may be information but not procedural evidence. The activities of the defence attorney to prove the circumstances relevant to the accused and contributing to the achievement of the goals of the defence must be responsible for the requirement of legality. The authors paid attention to the issue of determining the essence and characteristics of exculpatory circumstances and an indication of how to identify them, research and use them by the defender in criminal proof. According to the authors, it is advisable to include in the basis of criminal proceedings the provision on the inadmissibility of abuse of the right (to prevent negative consequences, including from the evidentiary activities of the defender, for other participants in the criminal proceedings, third parties, as well as the state). The defender is free to choose tactics when exercising proof but is obliged to agree with the client the main direction protection and strictly adhere to it