Abstract
In the article, the principle of competition and equality of the parties and the principle of comprehensiveness, completeness and objectivity in criminal proceedings are analyzed from the point of view of the powers and real capabilities of a lawyer participating as a defender in a criminal case. The code of criminal procedure of the Russian Federation, granting the defender the right to collect evidence, at the same time does not provide real opportunities for checking and evaluating evidence. Investigators often reject the defense lawyer's requests to attach material evidence to the case and appoint an expert study in order to determine the source of its receipt. In the Arsenal of the investigator there are not only procedural opportunities to find the source of evidence, but also the possibility of operational and investigative nature. In practice, the interaction of the investigator and the defense lawyer in pre-trial proceedings does not take into account the weaknesses of the defense party. The actual inequality of the parties should be specifically compensated by providing procedural benefits to the defense party, as the weaker one, by introducing additional rights and guarantees. The defence must be provided with the rights and opportunities to defend its position in equal measure with the prosecution.
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