The requirements of adversariality and equality of parties and the defense participation in proving: what to do with the materials submitted by the defense?

In accordance with the principle of adversariality when considering a criminal case in court, the parties should be able to bring their arguments and evidence to support them. The defense lawyer can realize the right to collect and present evidence by appropriate motions during the preliminary investigation or in court proceedings. The main reason for failure to satisfy the defense lawyer's motions is the imperfect order to permit them. Thus, a decision on a motion during the preliminary investigation depends entirely on the discretion of the representative of the prosecution, the investigator. On the stage of the proceedings, the court's discretion is less pronounced, but the law requires the defense lawyer to ensure the attendance of the people s/he surveyed before. In order to enable the use of data obtained by the defense in a criminal procedure, it is necessary to entrust the investigator and the court with a duty of providing assistance to the defense lawyer in the collection and presentation of materials in the RF Code of Criminal Procedure.

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