Ensuring the right of the defendant to protection in court session

Автор: Velikaya Ekaterina Vidadievna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 5 (42), 2019 года.

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Purpose: To study the theoretical and practical aspects of ensuring the defendant’s right to defense in court; to formulate a definition of the right to defense, to identify difficulties in ensuring the defendant’s right to defense, to develop appropriate recommendations for their resolution. Methodology: Methods of analysis, comparative and formal-legal methods were used in the article. Results: The article considers the concept of the right to defense, concludes that this concept includes not only the right of a person to receive legal assistance, but also a set of other rights aimed at defending against the charges; defines the circle of persons obliged to ensure the realization of the defendant’s right to defense, including the defender; draws attention to the need to ensure the rights of the defendant in criminal proceedings by the court, as well as the inadmissibility of abuse of the rights granted by the defense. Novelty/originality/value: The study helps to identify the difficulties arising in the implementation by the defendant of such a right, and abuse of the facts by the defense right to protection, the proposed solutions arising from the right of a defendant to protection problems.


Defendant, the right to counsel, court hearing, attorney, lawyer, abuse of the right

Короткий адрес: https://sciup.org/140244678

IDR: 140244678

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