On the Question of the Scope of the Rights of a Suspect in Criminal Proceedings in Russia: Questions of Theory and Practice

In this article, the authors address a number of problematic issues of the practical application of the norms that determine the scope of the rights of a suspect as a participant in criminal proceedings. The issues of ensuring the rights of the suspect are considered, both at the stage of checking the report of a crime, as well as at the stage of preliminary investigation. So the authors, in a scientific article, analyze the rules of acquisition of the procedural status of a suspect by a person, fixed in the current structure of the Criminal Procedure Code of the Russian Federation, paying a special role to the scope of the rights of the specified participant in criminal proceedings. The sufficiency of the existing rights of the suspect is noted, while a brief analysis of a number of provisions of the Criminal Procedure Code of the Russian Federation individualizing individual rights is carried out. It should be noted that the authors ' collective considers the rights of the suspect, including from the point of view of evidentiary law, noting the contradictions of a number of articles of the Criminal Procedure Code of the Russian Federation in terms of the legal regulation of the procedural status of the suspect. Also, one of the problems considered by the authors is the discrepancy between the scope of the rights of the victim and the suspect in the course of pre-trial proceedings. This problem is caused by the fact that the current structure of the Criminal Procedure Code of the Russian Federation ensures the priority of the rights of the suspect (accused, defendant) while ensuring their rights. This trend is particularly clear when ensuring the right of a suspect to qualified legal assistance (the right to a lawyer). The solution to this problem is possible with the involvement of lawyers in the proceedings on the part of the prosecution. This practice has proven itself well in the course of pre-trial and judicial proceedings, but in view of the need to pay for the services of lawyers by the injured party, it is an isolated case, especially in small localities and regions with low wages. The purpose of the study is to study the issues related to the rights of the suspect in the criminal proceedings of Russia, as well as the relationship of the rights of the suspect with the rights of other participants in the criminal process. The conclusions given in the study are the formulated provisions and the proposed regulation of the articles regulating the rights of the suspect, and in particular Part 3 of Article 46 of the Criminal Procedure Code of the Russian Federation, with the wording of this article in the author's own vision.

suspect, securing rights, correlation of rights, participants in criminal proceedings, procedural status, acquisition of rights