THE PRACTICE OF THE ECHR IN THE LEGAL REGULATION OF SEARCHES OF A LAWYER

Abstract

The relevance of this study is due to the growing number of cases of searches directed at lawyers, in particular in their residential premises, offices and vehicles. In recent years, such actions have become an alarming trend. Violations of the rights of lawyers, ignoring the regulatory guarantees of their activities and abuse of authority by law enforcement agencies have become not episodic phenomena, but a systemic problem. In this regard, there is a need for a thorough analysis of existing scientific research by Ukrainian scientists on this problem, as well as the practice of the European Court of Human Rights (ECHR), which contains its legal positions regarding the procedure for conducting searches of lawyers. The principle of the rule of law is one of the key principles of a democratic society. However, the practice of its implementation in modern Ukraine reveals a number of systemic challenges that relate to both the legislative framework and the actual application of legal norms. Particular difficulties arise in the issues of interpreting the essence of this principle, determining the permissible limits of its restriction and ensuring effective judicial protection. When preparing and conducting a search of a lawyer’s premises, it is advisable to refer to specific decisions of the European Court of Human Rights or take into account generalized conclusions that reflect its legal positions on such actions. The article emphasizes that the practical recommendations developed by the ECHR partially regulate the organization of searches, and also help to identify possible shortcomings of individual procedures. These recommendations can become an important reference point for employees of pre-trial investigation bodies and prosecutors. A thorough study of the positions of the European Court contributes to increasing the effectiveness of search tactics and ensures that this process complies with international standards. National legislation is gradually adapting to the proportionality principles of the ECHR, in particular through the introduction of requirements for judicial authorization for searches, mandatory video recording of the process and immediate familiarization of individuals with the protocols. However, certain problems remain, including an unclear definition of the concept of “urgent necessity”, insufficiently effective mechanisms of legal protection against unlawful interference, as well as insufficient protection of housing as a space of private life. In order to maintain a balance between the protection of personal rights and public interests, it is necessary not only to stabilize the regulatory framework, but also to ensure its flexibility and development in the context of modern social challenges. Effective guaranteeing of the rights of lawyers within the framework of professional activities must be ensured not only by formally enshrining them at the level of declarative norms, but also by actual observance of these rights in practice.