A defense counsel plays an essential in the implementation of interna- tional standards for protecting human rights and fundamental freedoms.

The legal literature and court practice have repeatedly emphasized the fact that the scope of authority of a defense counsel to defend a suspect or ac- cused is limited and does not meet the principles of equality of arms, adver- sariality, etc. However, most of the proposed recommendations and sugges- tions remain unimplemented. We stress the issue of obtaining evidence by the defense counsel in a criminal proceeding at all stages of defense. In this respect, the Article Purpose is formulated as clarifying the state of legislative support for obtaining evidence by a defense counsel in a criminal proceed- ing, presenting a proposal for improving the system of criminal procedure legislation.

Having generalized theoretical developments and considered current needs of human rights practice, the author formulates proposals for amend- ing the Law of Ukraine “On the Bar and Legal Practice”, and also outlines the author’s vision on certain aspects of obtaining evidence by a defense coun- sel in a criminal proceeding.