Abstract
Abstract. The current challenge for the Russian Federation is the steady implementation of the principles of criminal procedure. In this connection, the defender’s legal status arouses the interest of the scientific community of processualists and leads to the existence of conflicting opinions on the question of determining the nature of the defender, the composition of the defense counsel and the number of participants in criminal proceedings, who can use defender’s services. The article is devoted to the study of the category of «defender» in the criminal procedure legislation. Purpose: to develop scientifically based proposals for the improvement of criminal procedure legislation applicable to the defender’s status in criminal proceedings. Methods: The study uses analytical and synthesizing techniques as well as comparative legal, formal legal and systemic functional methods. Results: the determination of the defender’s legal status in criminal proceedings should be recognized as a contentious issue. Based on the analysis of the current legislation and scientific literature, it is concluded that amendments should be made to parts 1 and 2 of Art. 49 of the Code of Criminal Procedure of the Russian Federation.
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