FOREIGN EXPERIENCE OF LEGAL REGULATION OF A LAWYER'S PARTICIPATION IN TRIAL PROCEEDINGS

Abstract

It is generally accepted that the essence of modern democracy is to uphold the rule of law. Effec-tive protection of society from potential threats arising from abuse of power and circumvention of basic dem-ocratic principles is based on the existence of a system of checks and benefits. The independence of the judi-ciary and the legal profession is a fundamental pillar of this system.
Today, the legal profession occupies a very im-portant place in the mechanism of administration of justice, both during the defense in criminal proceed-ings and during the exercise of representation by a lawyer.
Analysis of the practice of application of legis-lation in foreign countries and the participation of lawyers in it confirms that the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in rela-tions with government agencies. The participation of a lawyer provides professional legal assistance in ac-cordance with applicable law, protects the rights, freedoms and legitimate interests of persons involved in court proceedings.
Based on the comparative legal analysis and generalization of the legislation that governs the ac-tions of attorney in the criminal process in Ukraine and some other leading European countries (Lithua-nia, Estonia, Germany, France, etc.), it is concluded that it is advisable to use positive experience and im-plement some rules of foreign legislation in order to improve Code of Criminal Procedure of Ukraine.

It is analyzed that the criminal procedure of most countries (England, Lithuania, Poland, the United States, France, Germany) requires profession-alism of a lawyer. There are following peculiarities of a lawyer's participation in the pretrial stages of crim-inal prosecution in other countries: the possibility of involving other legal professionals (including legal scholars and teachers at national universities) as at-torneys, as well as restricting the lawyer's participa-tion in police investigations (Germany); the possibility of removing a lawyer from participating in the prose-cution (France, Germany, the Republic of Lithuania); criminal liability for practicing law by an unauthor-ized person (France).
Keywords: foreign experience, attorney, crim-inal procedure, procedural legislation of Lithuania, Germany, France, Estonia, Georgia, Great Britain.