Professyonalnыe harantyy adwokatskojdejatelnosty po osuszczestwłenyju obыskaw otnoszenyy ukraynskoho adwokata w konteksteych sootwetstwyja tradycyjam ewropejskych stran y praktyke ewropejskoho suda po prawam czełoweka

Abstract

In this paper, an analysis the legal nature of guarantees of advocacy, which ensure that a special status of an lawyer is taken into account when conducting a search against him. The views of scientists, as well as the regulatory regulation (both for Ukrainian legislation and the legislation of foreign countries) and the practice of the European Court of Human Rights in this domain are analyzed. It is concluded that, despite the fact that Ukrainian legislation in the domain of guaranteeing advocacy during a search for a lawyer is generally consistent with the traditions of European countries and the practice of the European Court of Human Rights, but the presence of significant inaccuracies and gaps, as well as the actual lack of The Criminal Procedural Code of Ukraine on the specifics of such an investigative action in relation to a lawyer does not ensure the proper observance of guarantees for the preservation of a lawyer's secret.(original abstract)