The Right to Defence in Criminal Proceedings: The Problem of Gaps in Legal Regulation

The author of the article is subjected to a problematic analysis of some gaps in the criminal procedure legislation and the practice of its application in terms of ensuring the right to protection of a person, without granting him the status of a participant in the defense (suspect/accused). The study focuses on the fact that the law enforcement positions of the Constitutional and Supreme Courts of the Russian Federation, which clarified in 2000, 2015 and 2016 the right of an investigative body to criminal prosecution, without making a special procedural decision, have not so far brought any clarity to the mechanism of its implementation. This issue has not been worked out in the current legislation either. According to the author, the lack of legislation in this part significantly detracts from the constitutional right of an individual to protection in criminal proceedings. According to the results of the study, the author makes some suggestions for improving legislation.