SEPARATE ASPECTS OF THE ETHICAL AND LEGAL REQUIREMENTS OF LEGAL AID IN CRIMINAL PROCEEDINGS BASED ON A PLEA AGREEMENT

The article analyzes the main minimum guarantees of the implementation of the principle of ensuring the right to defense and legal assistance to a person accused of committing a criminal offense, formulated in international legal acts and decisions of the European Court of Human Rights. The degree of implementation of the specified guarantees into domestic legislation has been clarified. The essence and significance of the defense counsel's participation in criminal proceedings on the basis of a plea agreement, which is a guarantee of ensuring not only the rights and legitimate interests of the suspect, the accused, but also the legality of the application of this procedure, and in general, the legality of the criminal proceedings themselves, the administration of justice, which involves making a fair decision. The specifics of providing legal assistance in this category of proceedings are outlined, which consist in clarifying by the defense counsel the voluntariness of the guilty plea, the will of the suspect, the accused to enter into such an agreement, the clarification of his procedural rights, the nature of each accusation, in respect of which he pleads guilty, the type of punishment and other measures that will be applied to him, and the legal consequences of concluding and approving a plea agreement. The need to explain all the consequences of concluding and approving an agreement (direct and indirect), which is a mandatory component of professional, qualified legal assistance, the provision of which requires the improvement of the current legislation, which consists in the normative consolidation of the lawyer's duty before concluding an agreement on recognition, is substantiated culpability to explain the indirect consequences of its approval by the court.