DEVELOPMENT AND STAGES OF ESTABLISHMENT OF THE INSTITUTE OF PROTECTION IN CRIMINAL JUDICIARY

Abstract

The article analyzes the development and highlights the stages of formation of the institution of protection in criminal proceedings. Attention is paid to the origin of the protective function from the early origins of history. It has been studied that the embryos of the institution of protection in criminal proceedings began to appear in pre-state forms of public life, mainly from the protective function of a family nature. Much attention is also paid to the establishment of this institution in Ukraine. It is noted that the formation of the institution of protection in criminal proceedings was born gradually, and underwent various changes and transformations. Traced as positive moments during the formation of this institution as well as, sadly, moments of decline of the institution of defense. In general, the formation of the institution of protection in criminal proceedings in the form and in the form that takes place today. In view of this, the following stages were singled out: the stage of the emergence of the institution of protection in dispute resolution (in pre-state forms of social order and ancient countries – China, Greece, Rome, etc.); stage of development of protection in criminal procedure in the Middle Ages; the stage of recognition of the right to protection as an inalienable natural human right (XVII–XIX centuries); the stage of formation of the modern vision of the institution of protection in criminal proceedings in the XX century; the current stage of development of the institute of protection in the field of criminal justice. Also worthy of special attention is the establishment of the institution of protection in criminal proceedings in Ukraine: 1. Stage of customary law in the Kiev state, which gradually became the basis of the Russian Truth. 2. The stage of the territories of modern Ukraine as part of Galicia, and later Poland, the extension of the Lithuanian statutes and Magdeburg law to these territories. 3. Formation of its own legal framework for the functioning of the institution of protection in criminal proceedings – the Code of Law "The rights of the people of Little Russia" in 1743 year. 4. Regulation of the protection function by the Judicial Statutes of 1864, as a result of which a full-fledged regulation of the protection function in criminal proceedings was carried out and an independent democratic bar was introduced. 5. The stage of decline of the bar on the territory of modern Ukraine after the October Revolution of 1917 year. 6. The stage of revival of the institution of protection in criminal proceedings in connection with the adoption of the first codification act, which united the rules of Soviet criminal procedure law – the Criminal Procedure Code of the USSR in 1922 year. 7. The stage of formation of our state on the European integration path at the end of the XX century, which marked the adoption of a number of its own legislation in independent Ukraine on the organization and functioning of the bar, taking into account European standards.