HISTORICAL AND LEGAL ANALYSIS OF CRIMINAL LIABILITY FOR VIOLATION OF THE RIGHT TO DEFENSE
Author (s): Yermak O., Klimenko Ya.
Work place:
Yermak O.,
PhD in Sciences (Law),
Leading researcher of the Department of Scientific activity and International cooperation;
Academy of the State Penitentiary Service, Chernihiv, Ukraine;
Klimenko Ya.
Academy of the State Penitentiary Service, Chernihiv, Ukraine;
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow.2019. № 1 (5): 40-50
https://doi.org/10.32755/sjcriminal.2019.01.040
The article substantiates that after emergence of human culture in the early steps of development and passage through various phases of development, the institution of legal assistance has reached its full development, primarily in the leading states of Western Europe. Its primary form is the family one, which we find in history of development of legal assistance in Ancient Greece and Rome. Gradually, in semi-civilized states, the provision of legal assistance passes to unauthorized persons and turns into a profession. This transition began in Greece, then in Rome, and subsequently in all the civilized countries of Europe. Having become a profession, the provision of legal assistance for a long time remains an unorganized area of activity accessible to all comers. During the Middle Ages, the legal assistance institute underwent significant changes. The main ones are the separation of legal intercession from judicial representation, the relative freedom of the profession, close ties with the judiciary and disciplinary dependence from the latter one. A review of the lawyer`s activities in Ukraine in Soviet Union times suggests that its activities were largely ideologized and did not always focus on the interests of the client, preferring the political authorities` interests. This significantly reduced the level of real legal protection of citizens. This was especially true of the so-called “political affairs”, in which the defense turned into a formal procedure.
The historical and legal analysis made it possible to conclude that the human right to protection is one of the oldest independent social institutions during the development of which the lawyer itself arose as a separate legal advocacy organization, whose task is to provide legal assistance to citizens.
Key words: lawyer, legal assistance, defense, protection of rights in legal proceedings, assistance to citizens, advocacy, legal intercession.
References
- Smih, V. V. (2011), Criminal liability for violation of a person’s right to legal assistance,
- Sakhno, R. I. (2016), Criminal liability for violation of the right to defense (Article 374 of the Criminal Code of Ukraine), Nilan-LTD, Vinnytsia.
- Karpova, N. Yu. (2018), Crimes against justice related to violation of the right of the person to defense, Lawyers Academy, Kyiv.
- Spiridonov, M. O. (2018), Criminal liability for violation of the right to defense,
- Lukasheva, E. A. (2002), Human rights, in Lukasheva, E. A. (Ed.), Moscow.
- Kolodiy, A. M. and Oliynyk, A. Yu. (2003), Human and citizen rights in Ukraine, Yurincom Inter, Kyiv.
- Svyatotskyi, O. D. and Medvedchuk, V. V. (1997), Advocacy: history and modernity,
- Moldovan, V. V. and Abramovich, S. D. and Chikaryova, M. Yu. (2002), Rhetoric general and judicial, Yurincom Inter, Kyiv.
- Glovatskyi, I. Y. (2003), The activity of defense counsel in criminal proceedings, Attica, Kyiv.
- Foinitskyi, I. Ya. (1996), Course of criminal proceedings, Alpha, Vol. 1, St. Petersburg.
- Mysak N. F. (2012), “Galician attorneys in the late nineteenth and early twentieth centuries: national identification and professional activity”, in Ukraine-Poland: Historical Heritage and Public Consciousness,5, рр. 26–39, available at: http://nbuv.gov.ua/UJRN/Ukrpol_2012_5_5 (accessed 28 October 2002).
- Petrov M. (2002), Union of Ukrainian Lawyers in Lviv – 1923–1940, Lawyer,4/5, рр. 98–106.
- Vartholomeewa V. T. (1992), History of the Lawyers of Ukraine, in V. T. Bartholomeew, O. D. Svyatotskyi (Ed.), Lybid, Kyiv.
- Vyshinskyi A. Ya. (1927), Course of criminal process,
- “Fundamentals of the legislation of the Union of the USSR and the Union Republics on the judiciary” (1989), Statements of the Congress of People’s Deputies of the USSR and the Supreme Soviet of the USSR, Vol. 23, Moscow.
[collapse]