Defense counsel participation in criminal proceedings

In accordance with the Constitution of the Russian Federation, everyone is guaranteed the right to qualified legal assistance. This issue is of particular relevance in criminal proceedings because during criminal proceedings, measures of state coercion are applied to certain participants in the process, both during pretrial investigation and at trial. Such participants include individuals suspected or accused of a crime. According to criminal procedural legislation, a suspect and an accused person are guaranteed the right to defense, which they can exercise personally or with the assistance of a defense counsel. This article addresses controversial issues concerning the participation of a defense counsel, their procedural status, powers at different stages of the criminal process, as well as the effectiveness of exercising the right to defense. The article also examines the legal basis of defense counsel's activities, their interaction with other participants in the process, as well as the problems and prospects for improving the institution of the defense. Based on an analysis of criminal procedural law and judicial practice, issues concerning the participation of appointed defense counsel are identified. The article also examines the procedure for a defense counsel to perform their professional duties based on a legal services agreement between a defense counsel and a client. The author examines controversial issues regarding the participation of close relatives or other persons as defense counsel at the request of the suspect or accused.