On improving the procedure of resolving a petition during the preliminary investigation

The article dwells on the issues related to the resolution of petitions lodged by participants in the criminal proceedings for the defense at the preliminary investigation stage. The author reveals the shortcomings in the legal regulation of the procedure of the regulation of petitions and suggests some improvements to the Russian Federation Code of Criminal Procedure. Under present law, the collection of evidence is the prerogative of the people carrying out the proceedings. The only real way to convert the information received by the defender into evidence is lodging corresponding petitions. However, the possibility to implement the right to present evidence by the defense is not provided. Petitions aimed at obtaining exculpatory evidence are addressed by the defender to their adversary - the investigator shall have the right to decide on them at their own discretion. Therefore, defenders prefer to present their evidence directly in the proceedings, or to refer to their responsibilities in a formalistic way, acting as passive observers in the process. All this results in the accusatorial bias of the trial. The accusatorial bias and passive attitude of defenders related to it can be overcome through the establishment of the institute of investigative judges in Russia. The representatives of the judicial, not prosecutorial, authorities should act as arbitrators between the prosecution and the defense at the stage of investigation.

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