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Law Journal of the National Academy of Internal Affairs

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  • Volume 12, No. 2, 2022

  • Legal regulation of defence lawyer’s involvement in criminal proceedings against minors: Genesis of the issue, stages of development

  • Received 12.02.2022,
  • Revised 28.05.2022,
  • Accepted 30.06.2023
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Volume 12, No. 2, 2022
  • minor; lawyer; defence lawyer; regulations; investigation of criminal offences of minors
  • https://doi.org/10.56215/04221202.79
  • Pages 79-92

The relevance of the study is conditioned by the need to establish the genesis of legal regulation of the defence lawyer’s involvement in criminal proceedings against minors, to identify correlations of this process with the regulation of legal activity in Ukraine. The purpose of the study is to investigate the history of legal regulation of the involvement of a defence lawyer in criminal proceedings against minors. The study used a set of scientific methods: historical, historiographic, terminological, system-structural, formal-logical, and comparative-legal. It was established that the origin of the institute of protection of the parties in legal proceedings begins in the times of Kyivan Rus with the established practice of speeches in court by “good people” who represented the plaintiff and the defendant. It was proved that the development of the institute of protection of minors in court took place in parallel and in close connection with the development of judicial representation and sureties. Based on the analysis of international acts in the field of criminal justice against children ratified by Ukraine, the need to introduce juvenile specialisation of defenders was indicated. Stages of development of legal regulation of the defender’s involvement in criminal proceedings against minors: stage 1 – 1016-1529; stage 2 – 1529-1864; stage 3 – 1864-1917; stage 4 – 1917-1991; stage 5 – from 1991 to the present. The emergence of protection of the rights of minors in court was accompanied by the establishment of a regulatory condition for the involvement of a defender in the process on a gratuitous basis for certain categories of children. At the present stage, the law enforcement process embodies the principles and guarantees of involvement of a defender in criminal proceedings against minors, which are provided for by international treaties in the field of protection of children’s rights ratified by Ukraine. The proposed predictive trends in the development of legal regulation of the involvement of a defender in criminal proceedings allow law enforcement agencies to plan their practical activities in the interaction with human rights organisations, take coordination measures between juvenile prevention bodies of the national police, investigators and prosecutors specialising in the investigation of juvenile delinquency, juvenile judges and lawyers for effective compliance with international standards for the protection of the rights of children in conflict with the law.

References

[1] Kossak, V.M., & Yurkevich, Yu.M. (2013). Legal protection of economic competition. Lviv: Ivan Franko Lviv National University.

[2] Mayberry, M. (2020). Good for managers, bad for society? Causal evidence on the association between risk-taking incentives and corporate social responsibility. Journal of Business Finance and Accounting, 47(9-10), 1182-1214. doi: 10.1111/jbfa.12451.

[3] Dodge, W.S. (2020). The new presumption against extraterritoriality. Harvard Law Review, 133(5), 1582-1654.

[4] Palombo, D. (2021). Transnational business and human rights litigation: An imperialist project? Human Rights Law Review, 22(2), 1-25. doi: 10.1093/hrlr/ngac003.

[5] Tsikalo, V.I. (2017). Types of rights of members of business associations. Entrepreneurship, Economy and Law, 1, 50-54.

[6] The concept of updating the Civil Code of Ukraine. (2020). Kyiv: ArtEk Publishing House.

[7] Funk, J.I. (2016). Full partnership on the legislation of the Republic of Belarus. Retrieved from http://law.edu. ru/book/book.asp?bookID=117614.

[8] Ovcharenko, O., Smiesova, V., Ivanova, M., Kovtun, N., & Zolotukhina, L. (2021). Economic security management at the meso-level: Methodological and legal approach. Regional Science Inquiry, 13(1), 201-216.

[9] Trusova, N.V., Oleksenko, R.I., Kalchenko, S.V., Yeremenko, D.V., Pasieka, S.R., & Moroz, S.A. (2021). Managing the intellectual potential in the business-network of innovative digital technologies. Estudios de Economia Aplicada, 39(5), 1- 15. doi: 10.25115/eea.v39i5.4910.

[10] Tsikalo, V.I. (2017). The concept of the agreement on the exercise of the rights of members of the company. Current issues of private law: The contract as a legal form of regulation of private relations. Kharkiv: Pravo.

[11] Yurkevych, Yu.M. (2017). Agreement on the realization of rights and responsibilities between the founders (participants) of business associations. Entrepreneurship, Economy and Law, 1, 88-91.

[12] Spasybo-Fateeva, I. (2017). Kharkiv civil school: About the contract. Kharkiv: Pravo.

[13] Hadj, T.B. (2020). Effects of corporate social responsibility towards stakeholders and environmental management on responsible innovation and competitiveness. Journal of Cleaner Production, 250, article number 119490. doi: 10.1016/j.jclepro.2019.119490.

[14] Reznik, O., Getmanets, O., Kovalchuk, A., Nastyuk, V., & Andriichenko, N. (2020). Financial security of the state. Journal of Security and Sustainability Issues, 9(3), 843-852. doi: 10.9770/jssi.2020.9.3(10).

[15] Vasylieva, T., Jurgilewicz, O., Poliakh, S., Tvaronavičienė, M., & Hydzik, P. (2020). Problems of measuring country’s financial security. Journal of International Studies, 13(2), 329-346. doi: 10.14254/2071-8330.2020/13-2/22.

[16] Sych, O.A., & Pasinovych, I.I. (2021). Hybrid business models as a response to the modern global challenges. Science and Innovation, 17(6), 61-71. doi: 10.15407/scine17.06.061.