Functions of the counsel as a representative of the civil claimant and the civil defendant in criminal proceedings

This work is devoted to the study of question on concept and types of criminal procedural functions. The subject of research is the norms of Russian criminal procedural legislation, the doctrinal positions of Russian procedural scientists such as F. N. Fatkullin, M. S. Strogovich,D. M. Berova, U. U. Vorobieva. The question about the concept and types of functions in criminal process is debatable in modern scientific research. The allocation of three types of functions by the legislator is being questioned and criticized now. Under modern conditions, in order to implement the purpose of criminal proceedings, embodied in the Code of Criminal Procedure of the Russian Federation, participants implement not only the functions of prosecution and defence. Therefore, this point also applies to representatives, in particular, presenting counsels, whose powers are derived from the powers of assigners. The insolvency of this approach is considered in the work in context of functions performed by a counsel as a representative of a civil claimant and a civil defendant. Questions regarding specifics of their implementation by a representative counsel are also considered. The civil plaintiff and the civil defendant are participants in criminal proceedings. On the basis of this research, author came to the conclusion about the multifunctionality of counsel’s activities as a representative of civil plaintiff and civil defendant. This conclusion is justified not only by specifics of powers of presenting counsel, but also by the procedural status of assigner.