UDC 343.121.4

DOI 10.37566/2707-6849-2019-3(28)-10

(PDF)

BIHUNETS Iryna, 

graduate student of the Department of Criminal Procedure

National University of Internal Affairs of Ukraine 

Legal capabilities of a defense attorney to obtain evidence in a foreign country in the context of international cooperation in criminal proceedings 

Modern domestic criminal-procedural practice often "meets" cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel's power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommendations.

The main purpose of this article is based on the scientific and theoretical analysis of certain aspects of the normative and practical exercise by defense lawyers of their powers to obtain evidence in the territory of a foreign country in the context of international cooperation during criminal proceedings. The article also analyzes some legal norms of domestic legislation and international treaties and agreements, which regulate the exercise of defense powers by lawyers, including in the context of international cooperation in criminal proceedings. In addition, the article presents the authors' own arguments and suggestions about the need to amend certain norms of the current legislative acts of Ukraine, in terms of providing the defenders with an effective legal opportunity to obtain evidence in the territory of a foreign country, during international cooperation, and the importance and relevance of the adoption of relevant international legal documents that will facilitate the exercise of the authority of the defense party to gather evidence in the context of international crime investigations lnyh proceedings.

Key words: powers of a defense attorney, obtaining evidence in the territory of a foreign state, international cooperation during criminal proceedings.

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