PROCESS ACTIVITY OF A LAWYER IN OBSERVING THE RIGHTS AND LEGITIMATE INTERESTS OF PARTICIPANTS IN CONDUCTING A SEARCH

Abstract

The article is devoted to the coverage of several problems with the search and the participation of a lawyer in order to respect the rights and legitimate interests of its participants. Special attention has been paid to the controversial provisions related to the conduct of the search. In particular, the possibility of conducting this procedural action in the absence of the persons occupying the premises was studied, and the legislative consolidation of the obligatory participation of a defense counsel during such a search was proposed. The unresolved issues of the involvement of a specialist as a person who possesses special knowledge and skills of the use of technical or other means and can provide consultations during a pre-trial investigation are investigated. Considered the possibility of involving the interpreter protection side in order to objectively fix the course and results of the search. It is concluded that the defender can independently invite an interpreter without asking the investigator with the relevant petition. It is considered and substantiated that the party has the right to file a petition for the removal of the witness in the presence of the grounds specified in the law. Of all the issues discussed in the article, the necessity of making corresponding amendments and additions to the Criminal Procedural Code of Ukraine has been proposed and substantiated. The amendments are aimed at the procedural regulation of the parties involved in criminal proceedings during the conduct of the search and observance of the rights and legitimate interests of the persons who participate in it.