Review

The article examines the content and features of the implementation of the rights and freedoms of a lawyer when providing defense in criminal proceedings. The analysis of the state of compliance with the guarantees of legal activity in Ukraine was carried out taking into account the requirements established by the Council of Europe Convention on the Protection of the Profession of Lawyer, and with the identification of problems related to the specifics of martial law conditions. It is emphasized that effective protection of lawyers means a guaranteed opportunity for lawyers to perform their functions independently, freely, safely, without bias and restrictions, however, systematic violation of the rights of lawyers remains a problem of law enforcement practice in the countries of the European Union and in Ukraine. The purpose of the article is to study the rights and freedoms of a lawyer, guarantees of legal activity when providing defense in criminal proceedings. The author analyzes the freedom of lawyers to choose their clients and terminate existing re-lationships with clients in accordance with the procedure established by law; the right of access to clients and potential clients for the purpose of protection from criminal prosecution; the right to confi-dentiality; the right of access to a court in which lawyers have the right to protect their clients; the right to file statements or motions in the course of proceedings in which they act on behalf of their clients; the right not to suffer adverse consequences as a result of their identification with their clients or with the case of their clients; the right to inform the public about issues related to the cases of their clients, taking into account only those restrictions established by law, arising from professional duties, the requirements of the administration of justice and respect for private life. Defining the role of a defense attorney in criminal proceedings, the author considers it unfounded to identify the defense of the client by a lawyer with the criminal procedural function of defense as such. Protection from criminal prosecution, which is carried out by lawyers, is considered a narrower concept compared to the general criminal procedural function of protection, which does not diminish the importance of advocacy. The author states that the protection of the professional rights of lawyers is ensured by a set of various legal mechanisms, some of which are associated with the active activities of lawyers them-selves within the framework of the implementation of the tasks of lawyer self-government. The spec-ificity of protection from criminal charges requires an effective system of guarantees for advocacy, which is provided not only by states, but also by international institutions. The Council of Europe Con-vention on the Protection of the Profession of Lawyers is an international legal act that defines the principles and standards in the field of protection of the rights of lawyers and regulates the methods and mechanisms for implementing the guarantees of advocacy, establishing a system of standards and guarantees. Assessment of the effectiveness of the legal mechanisms defined by the Council of Europe Convention on the Protection of the Profession of Lawyers should be based on the results of special monitoring and the introduction of other measures, which requires further scientific research.