Topical Issues of the Lawyer's Participation in the Preliminary Investigation

The right to protection guaranteed by the Constitution of the Russian Federation is implemented at all stages of the criminal process. The main and mandatory stage of the criminal process is the preliminary investigation stage, in which an independent professional legal adviser, a lawyer who defends suspects and accused persons, takes an active part. Considering the powers and duties of a defense lawyer, the author comes to the conclusion that the lawyer acts as an independent participant in the criminal process in general and the stage of preliminary investigation in particular. The article analyzes the main directions of the lawyer-defender's participation in the adversarial process, which influence the course of the investigation and the formation of the evidence base in a criminal case. The public-legal nature of the lawyer's activity is noted, despite the fact that the bar is an institution of civil society, not the state. A distinction is made between the participation of a lawyer in criminal proceedings as a defender and as a representative. It is concluded that the correct and full use by a lawyer of his procedural rights is a key factor that contributes to the effectiveness of ensuring and protecting the rights of the defendant and contributes to the overall attitude towards fairness in the judicial process.