Examination and Search of a Defense attorney’s Vehicle
The author has analyzed some types of investigative (search) actions – examination and search of a defense attorney’s vehicle. Statistical data on the number of conducted investigative (search) actions against defense attorneys have been studied. It has been established that investigative (search) a...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2021-09-01
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| Series: | Вісник Харківського національного університету внутрішніх справ |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/390 |
| _version_ | 1798001134280900608 |
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| author | A. О. Shapoval |
| author_facet | A. О. Shapoval |
| author_sort | A. О. Shapoval |
| collection | DOAJ |
| description | The author has analyzed some types of investigative (search) actions – examination and search of a defense attorney’s vehicle. Statistical data on the number of conducted investigative (search) actions against defense attorneys have been studied. It has been established that investigative (search) actions against defense attorneys are not always carried out in compliance with the law. It has been argued that most procedural violations occur while conducting investigative (search) actions that involve penetration into a defense attorney’s dwelling or other property. In this regard, it has been concluded that the analysis of legal aspects for conducting examination or search of the defense attorney’s vehicle is currently relevant.
The legal grounds for conducting an examination and search of a defense attorney’s vehicle have been studied. It has been defined that the procedure of examination and search of a defense attorney’s vehicle has certain peculiarities in criminal proceedings. It has been concluded that the law provides a defense attorney with certain guarantees during the examination and search of the vehicle. Such guarantees include: a limited number of officials who may initiate an examination or search of a defense attorney’s vehicle; additional requirements to the content of the decision on permission to conduct examination or search of a defense attorney’s vehicle; the need to involve a representative of the Bar Council of the region while conducting examination or search of the defense attorney’s vehicle; the need to maintain legal secrecy. The views of scholars on the procedure of conducting examination and search of a defense attorney’s vehicle have been analyzed. The author has accomplished the analysis of the caselaw of the European Court of Human Rights on the grounds and procedure for conducting an examination or search of a defense attorney’s dwelling or other property.
It has been emphasized that the guarantees and rights of defense attorneys during investigative (search) actions are insufficiently defined in Ukraine at the legislative level. It has been concluded that there is the need to make legislative amendments in order to prevent procedural violations and abuse during the examination and search of vehicles. |
| first_indexed | 2024-04-11T11:32:18Z |
| format | Article |
| id | doaj.art-30c02e5ac9be4bfaa33e47ce775c5a36 |
| institution | Directory Open Access Journal |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| last_indexed | 2024-04-11T11:32:18Z |
| publishDate | 2021-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Вісник Харківського національного університету внутрішніх справ |
| spelling | doaj.art-30c02e5ac9be4bfaa33e47ce775c5a362022-12-22T04:26:06ZukrKharkiv National University of Internal AffairsВісник Харківського національного університету внутрішніх справ1999-57172617-278X2021-09-0194328429110.32631/v.2021.3.26390Examination and Search of a Defense attorney’s VehicleA. О. Shapoval0National University «Odesa Law Academy»The author has analyzed some types of investigative (search) actions – examination and search of a defense attorney’s vehicle. Statistical data on the number of conducted investigative (search) actions against defense attorneys have been studied. It has been established that investigative (search) actions against defense attorneys are not always carried out in compliance with the law. It has been argued that most procedural violations occur while conducting investigative (search) actions that involve penetration into a defense attorney’s dwelling or other property. In this regard, it has been concluded that the analysis of legal aspects for conducting examination or search of the defense attorney’s vehicle is currently relevant. The legal grounds for conducting an examination and search of a defense attorney’s vehicle have been studied. It has been defined that the procedure of examination and search of a defense attorney’s vehicle has certain peculiarities in criminal proceedings. It has been concluded that the law provides a defense attorney with certain guarantees during the examination and search of the vehicle. Such guarantees include: a limited number of officials who may initiate an examination or search of a defense attorney’s vehicle; additional requirements to the content of the decision on permission to conduct examination or search of a defense attorney’s vehicle; the need to involve a representative of the Bar Council of the region while conducting examination or search of the defense attorney’s vehicle; the need to maintain legal secrecy. The views of scholars on the procedure of conducting examination and search of a defense attorney’s vehicle have been analyzed. The author has accomplished the analysis of the caselaw of the European Court of Human Rights on the grounds and procedure for conducting an examination or search of a defense attorney’s dwelling or other property. It has been emphasized that the guarantees and rights of defense attorneys during investigative (search) actions are insufficiently defined in Ukraine at the legislative level. It has been concluded that there is the need to make legislative amendments in order to prevent procedural violations and abuse during the examination and search of vehicles.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/390criminal proceedingsinvestigative (search) actionsexaminationsearch, vehiclea defense attorneycase law of courts. |
| spellingShingle | A. О. Shapoval Examination and Search of a Defense attorney’s Vehicle Вісник Харківського національного університету внутрішніх справ criminal proceedings investigative (search) actions examination search, vehicle a defense attorney case law of courts. |
| title | Examination and Search of a Defense attorney’s Vehicle |
| title_full | Examination and Search of a Defense attorney’s Vehicle |
| title_fullStr | Examination and Search of a Defense attorney’s Vehicle |
| title_full_unstemmed | Examination and Search of a Defense attorney’s Vehicle |
| title_short | Examination and Search of a Defense attorney’s Vehicle |
| title_sort | examination and search of a defense attorney s vehicle |
| topic | criminal proceedings investigative (search) actions examination search, vehicle a defense attorney case law of courts. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/390 |
| work_keys_str_mv | AT aoshapoval examinationandsearchofadefenseattorneysvehicle |