CURRENT CHALLENGES IN THE PROTECTION OF THE SUSPECT DURING MARITAL LAW

Abstract

The article substantiates the position that several factors of an objective and subjective nature always complicate the implementation of human rights activities. It is emphasized that under the conditions of the legal regime of martial law, the number of such complications has significantly increased, because, in addition to the traditional ones, others have also been added, which, in particular, are caused by the peculiarities of the military and political situation. It was determined that the actual challenges that arise in matters of personal protection and the provision of legal aid to those detained on suspicion of committing a criminal offense are the provision of the possibility of fully implementing the guarantees of a lawyer's professional activity in criminal proceedings. This, in particular, concerns the possibility of a lawyer's confidential communication with his defense counsel, and the timely involvement of a lawyer, as in those proceedings where Art detains a person. 208 of the Criminal Procedure Code of Ukraine and in those where a decision was made to hear the case in the order of special criminal proceedings. Therefore, we believe that the actualization of such changes in the current provisions of the criminal procedural legislation as 1) consolidation of the legal procedure for verification by the procedural manager of the reasonableness of the detainee's and suspect's refusal to exercise his right to defense, based on the legal positions of the ECHR; 2) determination of the procedure for the defense counsel's refusal to participate in criminal proceedings due to life circumstances caused by changes in the military and political situation in the state; 3) development of legal mechanisms to activate the activities of lawyers of regional centers to provide free legal aid in proceedings, the consideration of which is carried out under the "in absentia" procedure. We believe that these problems will not lose their relevance for a long time, and therefore should become the subject of further scientific research.