Real implementation of protective activities in criminal proceedings through the application of petitions
The legislator, in an effort to equalize the parties to the criminal process in Russia by virtue of legal knowledge and skills endowed the criminally prosecuted person with an inalienable constitutional right to protection and receive qualified legal assistance. The implementation of the indicated rights is carried out through the activities of an independent subject from the prosecution authorities and the court - a lawyer, who, in turn, exercises procedural powers through the filing of petitions (requests). At the same time, judicial and investigative practice forms negative statistics on the resolution of petitions filed by the defense in some cases there are unmotivated refusals to satisfy them. The indicated problem is not new and has repeatedly been the subject of research by such Russian scientists as processologists such as K. B. Kalinovsky, L. D. Kalinkina, A. A. Davletov, Yu. P. Garmaev. However, the problem of resolving defense motions is relevant to the present, which led to the choice of the topic of this study. When conducting the study, the material basis was the materials of judicial and investigative practice, materials of disciplinary proceedings of lawyers' professional communities, scientific and theoretical works of Russian scientists of procedurals. The methodological basis of the study was the dialectical method of scientific knowledge, analysis, synthesis, induction, deduction, description, special methods, logical, system-structural methods, as well as a particular method.