Актуальные проблемы доказательственной деятельности защитника в уголовном процессе

Abstract

The article discusses some of the problems of the defender's activity in collecting evidence. There is a lack of specifics about the procedure for ensuring that the materials submitted by the defense party are given the status of evidence. It is indicated that at present the defender does not actually have the authority to collect evidence due to the failure of the legislator to include the materials received by the defender in the list given in Article 74 of the Code of Criminal Procedure of the Russian Federation “Evidence”. Therefore, the legislator's assignment of such a right to the defense party (Part 3 of art. 86 of the Code of Criminal Procedure of the Russian Federation) is not only obviously hasty, but also contradictory. The position on the difficulty of talking about the equality of the parties in this regard in the pre-trial stages of the process is argued. Some recommendations for improving legislation are given. In particular, it is noted that it is necessary to reflect in it the procedure for collecting and providing certain types of evidence by the defense party, as well as fixing its evidentiary value, by means of an appropriate supplement to Article 74 of the Code of Criminal Procedure of the Russian Federation.