Realization of the function of protection in the conditions of the competitiveness of the parties in the criminal proceedings of the Russian Federation
The Criminal Procedure Code of the Russian Federation regulates the implementation of legal proceedings on the basis of adversarial proceedings, which implies independent defense by the prosecutor and defender of their legal positions by the available means. Code of Criminal Procedure of 2001 significantly expanded the rights of participants in criminal proceedings, in particular, the defender, by increasing the procedural capacity to participate in evidence, for improving his procedural status, etc. However, in practice, there are obvious gaps in the legislation, which are prevents the prosecutor and the defender to ensure a real adversarial process at the pretrial stages of legal proceedings, and that violates the rights and legitimate interests of these participants. The article discusses some of the problematic issues of the implementation by the defender the ways of protection of his rights and activity at pre-trial stages, it was made an attempt to formulate possible solutions to existing problems. It is reasoned that the powers of the defender, as a participant in the evidence process, are limited and require expansion in order to achieve the goals and objectives of criminal proceedings in general, at the pretrial stages in particular.