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The article analyzes the content of the defense function in criminal proceedings and some aspects of its manifestation. Since the function of accusation (criminal prosecution) begins to be implemented since the moment of crime reporting, the defense function is potentially present even in cases where the persons to be charged have not been identified. The subjects of the defense function implementing are systematized: the accused (suspect), barrister, lawful representative. A barrister, acquiring the procedural status of a defender, provides qualified legal assistance. The defender's activity has a public-legal nature, since the legislator must design a mechanism not to oblige the defender to contribute to defendant's identification, but by the very nature of his activities in the criminal proceedings to stimulate the preliminary investigation bodies to identify the persons that have actually committed the crime. A proposal on the obligatory defender's participation in the proceedings in each criminal case is formulated. The defense characteristics proving its public-legal nature are identified, in particular, the inadmissibility of a parallel barrister's investigation unrelated to the activities of the preliminary investigation body, as well as the duty of the defender to inform the investigator about the circumstances proving the innocence or lesser guilt of the defendant, including specific cases, when relevant information can be obtained from the accused (suspect) only.
criminal proceedings, publicity, adversarial character, procedural functions, accusation, criminal prosecution, defense, defender
1. Bozrov V. M. Bases of the theory of criminal procedure functions. General section. Monograph. Yekaterinburg: Ural State Law Academy; 2012: 96. (In Russ.).
2. Antonov I. A. Application of the preventive function in criminal procedure law by an investigator: issues of law enforcement practice. Economic security journal, 107—110, 2021. (In Russ.).
3. Berova D. M. The concept and system of functions in criminal proceedings. Society and law, 225—229, 2010. (In Russ.).
4. Zhuk O. D. System of criminal procedure functions in Russian criminal proceedings. Legality and law, 15—21, 2015. (In Russ.).
5. Zinatullin Z. Z., Zinatullin T. Z. Criminal procedure functions. Monograph. Izhevsk: Detective-Inform; 2002: 240. (In Russ.).
6. Latypov V. S. Assistance as an autonomous and essential criminal procedure function. Topical issues of state and society to provide human and civil rights and freedoms, 150—155, 2018. (In Russ.).
7. Mikhailova T. N. The formation of the concept of criminal procedure functions in Russian criminal procedure theory. Izvestiya Tula State University. Economic and legal sciences, 138—149, 2020. (In Russ.).
8. Stepanenko D. A., Lavdarenko L. I. Is judicial control a criminal procedure function? Science and education: agriculture and economics; business; law and management, 72—76, 2021. (In Russ.).
9. Turov S. Yu. The essence and social value of compensation for crime damage as a criminal procedure function. The Journal of the Udmurt University. Economics and law series, 156—159, 2012. (In Russ.).
10. Mazyuk R. V. To the issue of the "prosecution" concept in the system of criminal procedure functions. Journal of the Siberian Law Institute of the MIA of Russia, 158—162, 2010. (In Russ.).
11. Zinatullin T. Z. Criminal procedure func-tions: current problems. Judiciary and criminal procedure, 38—43, 2022. (In Russ.).
12. Dorosynskaya A. M. Conception of defence as a criminal procedure function in Russian criminal procedure. Scientific notes of the Crimea Federal University named after V. I. Vernandsky. Legal sciences, 299—305, 2023. (In Russ.).
13. Zaitseva Ye. A. Ciminal procedure status of participants to check crime reports and their procedural activity. Science Vector of the Togliatti State University. Legal sciences series, 50—53, 2014. (In Russ.).
14. Kolosovich O. S. Extradition procedure and providing rights and legal interests of its participants: comparative and legal analysis. Journal of the Volgograd Academy of the Ministry of the Interior of Russia, 88—93, 2023. (In Russ.).
15. Podolniy N. A. The truth in a barrister’s activity when defending in the criminal proceedings. Barrister's practice, 21—23, 2010. (In Russ.).
16. Bayanov A. I., Garmayev Yu. P., Nazarov A. D. Line of defence as a means of stating the defence position in pretrial criminal proceedings. Journal of the Siberian Federal University. Humanities series, 1194—1203, 2022. (In Russ.).
17. Borodinova T. G. The defence party and its function in the criminal proceedings stages of the trial. Monograph. Moscow: Russian Academy of Justice; 2010: 208. (In Russ.).
18. Rudich V. V. Ban for a barrister to refuse to defend stated by Part 7 Art. 49 of the Criminal Procedure Court of the Russian Federation: law enforcement issues. Juridical journal of Samara university, 104—116, 2020. (In Russ.).
19. Khoriyakov S. N. The balance of prosecution and defence in Russian criminal proceedings. Journal of the Investigative Committee Academy of the Russian Federation, 126—130, 2020. (In Russ.).
20. Titov P. M. Some issues of legislative regulation in criminal proceedings in cases of private accusation. Russian justice, 62—64, 2019. (In Russ.).
21. Titov P. M. Some issues of criminal proceedings in cases of private accusation. Russian legal journal, 69—77, 2019. (In Russ.).
22. Levchenko O. V., Marina Ye. A. Theoretical issues of the defence tactics when applying the adversarial principle in a criminal case. Legality and law, 155—159, 2022. (In Russ.).
