Анотація | Abstract
In the article an author examines some problems of application – on pre-trial investigation and in the court – of measures of providing of safety in regard to advocates-defenders.
The last years widespread enough are situations, when at consideration in the courts of criminal cases about some resonant crimes advocates-defenders become the object of illegal violent actions outside of the radically adjusted persons that does not behave to the number of participants of criminal trial.
As a result an advocate must either terminate agreement about the grant of legal aid and to give up defence or realize the right on providing of safety.
Both decisions negatively influence on of right a client: presence of guard, that gets in decision of court to the advocate violates a right for an advocate law enforcement authority there is an organ of pre-trial investigation (as a side of prosecution) in that on an advocate secret, as efficiency of life-guard depends and from possibility of listening of telephone conversations of advocate that is under cover.
On the other hand – the care of skilled advocate violates of right a client, but also it decides the task of providing of safety not always, as illegal pressure on an advocate is accomplished not as on a certain man, but as advocate that equates with his client.
Such situations conflict with European convention on human rights and practice of the European court on human rights, as an advocate can not give a valuable practical and effective legal aid to the client.
The possible variants of decision of problem are examined: realization of the judicial meeting in the closed mode, in the mode of videoconference, the necessity of preparation of corresponding elucidations the Supreme court of Ukraine is grounded.