Countering the Violation of the Right of Protection to Participate in the Proof

The article presents the results of a study of the problem of overcoming violations of the constitutional rights of the defense party to participate in the evidentiary process in cases that have a public resonance by criminal procedural means. According to the principles of equality and competitiveness of the parties in criminal proceedings, the lawyer (defender, representative) of the suspect, accused defendant has the same rights in the field of evidence as the prosecution. This concerns, first of all, the right to collect and provide evidence refuting the prosecution’s version or subjecting them to reasonable doubt. As practice shows, officials conducting a preliminary investigation tend not to attach evidence from the defense to the case materials, including at the cost of direct violation of the requirements of the Constitution of the Russian Federation and procedural legislation. The grounds for refusing such admission, as a rule, do not stand up to any criticism and can be regarded as offenses of various legal nature: from disciplinary to criminal law. The defense party has the same equal right in the aspect of assessing the relevance, admissibility and reliability of evidence. In this case, we mean cases when a representative of the defense initiates a check of the compliance of the prosecution evidence with the legislative requirements. Examples of this are analyzed in detail in this article. The article is prepared on the basis of the author’s work experience as a criminal lawyer and is devoted to the analysis of the following problem. In the article, the author explores the theoretical foundations and background of the problem, using the example of criminal cases that have a public resonance, analyzes the principles that ensure equality and competitiveness of the parties in criminal proceedings, the system of rights of participants in legal proceedings based on them, their legal regulation, the most common, most typical violations of the right of the defense to participate in evidence. Next, the author examines the legal means and mechanisms (ways) to overcome these violations in the criminal process. a number of conclusions and proposals aimed at improving the legal protection of the rights of suspects, accused defendants, as well as a lawyer (defender, representative). In conclusion, based on the conducted research, the author formulates a number of conclusions and proposals aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of overcoming violations of the constitutional right to defense.

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