LEGAL REGULATION OF CRIMINAL LIABILITY FOR INTERFERING IN THE ACTIVITIES OF A DEFENDER OR A REPRESENTATIVE OF A PERSON IN UKRAINE: CURRENT STATUS
Authors:   Higher Educational Institution “Academician Yuriy Bugay International and Scientific Technical University”, Ukraine, Karpova Nataliya , Zabarniy Gryhorii ,   Higher Educational Institution “Academician Yuriy Bugay International and Scientific Technical University”, Ukraine
Published: May 2022

Subject of study. The published article is determined for studying such a question as arising in the field of criminal law and criminal procedure protection of the rights of lawyers and representatives of persons guaranteed by the Constitution and legislation of Ukraine to carry out professional independent activity. The current state of social and legal relations in this area, the problems that exist in the field of handing lawyers and representatives of persons, the circumstances that led to their emergence and possible solutions. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the feasibility of transferring a criminal offense, which іs provided by Article 397 of the Criminal Code of Ukraine, from the category of crimes to the category of misdemeanors from the point of view of the impact of this transfer on the state of protection of the defenders’ or representatives’ of the person lawful activity of legal assistance from interference. The authors consider all types of defenders in the criminal and the administrative proceedings. The authors consider all types of representatives of the person and legal representatives of the person in the criminal, the administrative, the civil, the commercial proceedings. The authors concluded that advocates are best suited to engage in the defenders’ and representatives’ lawful activity of legal assistance, because only advocates have most of the rights and guarantees that ensure the lawful activities of defenders’ and representatives’ lawful activity of legal assistance. As part of this study, official statistics on criminal offenses in the field of interference in the activities of a lawyer or a representative of a person and the results of their investigation were obtained and investigated, which together determine the existence of problems in this area. The article considers and analyzes a number of existing determinants that lead to an increase in the quantitative characteristics of criminal offenses, the object of which is the professional activity of defenders and representatives of persons. The authors reviewed all the opportunities provided by law to interfere in the defenders’ and representatives’ lawful activity of legal assistance. The authors concludes on the circumstances that lead to interference in the lawful activities of a defender or a representative of a person, namely: insufficient attention of the state to address problems in this area; law enforcement officers and court employees have the preferential opportunity to violate the legal rights and guarantees of advocates during their official activities, and, in particular, the recent legislative definition of interference in the the defenders’ and representatives’ lawful activity of legal assistance as an offense with a very low level of public danger. Сonclusion of the study. Therefore, the authors propose to transfer the misdemeanors, which are provided for in Part 1 and Part 2 of Article 397 of the Criminal Code of Ukraine, to the category of crimes by adding to the sanctions of Part 1 and Part 2 of Article 397 of the Criminal Code of Ukraine, imprisonment for up to three years as an alternative main punishment. Practical implications. This proposal can be used by the National Association of Advocates of Ukraine to develop measures to strengthen the responsibility for violating the guarantees of advocacy. Value/originality. This study is an оriginal proposal to solve the current problem of the interference in the defenders’ and representatives’ lawful activity of legal assistance, after transfer of criminal offense, which іs provided by Article 397 of the Criminal Code of Ukraine, from the category of crimes to the category of misdemeanors.