GUARANTEES FOR PROVIDING QUALIFIED LEGAL ASSISTANCE TO THE VICTIM AND CIVIL PLAINTIFF AT THE STAGE OF TRIAL IN CRIMINAL PROCEEDINGS

Abstract

At the trial stage, the protection of the interests of the victim and the civil claimant is often weakened in practice by procedural inequality, delayed access to legal representation, and limited opportunities to become fully acquainted with the case materials. The purpose of this study is to determine the content of the guarantees for the provision of qualified legal assistance in criminal proceedings, to examine the mechanisms through which these guarantees operate at the trial stage, and to identify gaps in the protection of procedural rights. The methodological framework of the study includes normative legal analysis, comparative legal analysis, review of judicial practice, and a systematic approach. Criminal procedural rules, provisions governing the participation of victims and civil claimants, and the legal status of their representatives were comparatively analyzed. The analysis demonstrates that, during court proceedings, the right to legal assistance is often reduced to formal notification, whereas the active participation of a lawyer plays a crucial role in identifying disputed issues, assessing evidence, and substantiating the interests underlying a civil claim. It was also established that procedural guarantees do not operate with equal effectiveness, particularly with regard to submitting objections to the court record, filing motions, and responding to procedural actions of the court. As a scientific contribution, the study substantiates the chain of “early information – access to legal representation – active judicial oversight” as a conceptual model for protecting the rights and interests of victims and civil claimants at the trial stage. The study concludes that qualified legal assistance should be strengthened not merely as the participation of a lawyer, but as a genuine guarantee of effective procedural opportunities.