The presented article is devoted to the problems of separation from each other of the functions of subjects of criminal proceedings. It provides a comparative analysis of how the Criminal Procedure Code of the Republic of Azerbaijan does not provide for a specific norm defining the division of criminal procedural functions, but in the legislation of the Russian Federation and Ukraine provide, respectively. It is argued that, despite the implementation of legal reforms, the improvement of criminal procedure legislation and the proclamation of a number of democratic principles in criminal proceedings, the adversarial nature of the parties in the preliminary investigation is still declarative in nature. The historical and political roots of this have the same source - the repressive traditions of the totalitarian Soviet state. As a result of the study, the author comes to the conclusion that in order to eliminate the existing problems, to ensure the suspect and the accused have the right to defense provided for by the Constitution of the Republic of Azerbaijan, to exercise the defense function at the level of relevant requirements, along with the improvement of criminal procedural legislation, the precise definition of the functions of the subjects of criminal proceedings and the elimination of existing contradictions by completely separating them from each other, it is necessary to develop and implement measures related to the development of the legal consciousness of these subjects and the strengthening of their responsibility.
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