SHS Web Conf.
Volume 68, 20197th International Interdisciplinary Scientific Conference SOCIETY. HEALTH. WELFARE
|Number of page(s)||8|
|Section||Society: Justice and Security|
|Published online||25 November 2019|
Individual's level of education as a guarantee of the right to defense
Poltava Law Institute of Yaroslav Mudryi National Law University, Poltava, Ukraine
* Corresponding author: firstname.lastname@example.org
The right to defense is enshrined in national legislation, including Art. 59 of the Constitution of Ukraine, according to which, “Everyone has the right to a professional legal assistance. In cases provided for by law, this assistance is free of charge” . In addition, there is Art. 52 of the Criminal Procedural Code (CPC) of Ukraine . The lack of an appropriate level of education cannot be regarded as a certain mental defect or the fact of not speaking the language, since individuals could have an appropriate oral skill in Ukrainian, but not written skills. The problem lies not only in the lack of a unified approach in the practice of law enforcement regarding the application of legal grounds for the mandatory provision of a lawyer in criminal proceedings for persons who do not have the appropriate level of education, but also in the lack of a strictly defined level of education that would be considered sufficient to ensure persons' right to protection.
Key words: level of person's education / right to defense / obligatory participation of a lawyer in criminal process
© The Authors, published by EDP Sciences, 2019
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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