On the Question of the Defender Powers at the Preliminary Hearing

Introduction: in the course of the research, the author analyzes problematic issues in the exercise of powers by the defense attorney at the preliminary hearing. Materials and Methods: the study utilized a system of scientific methods of cognition: dialectical, comparative legal, formal legal method, system analysis method. Results: the institute of preliminary hearing, despite borrowing from the Anglo-American model of criminal procedure, has a number of specific features, in particular, in the range of issues to be resolved. According to Article 229 of the Criminal Procedure Code of the Russian Federation, at the preliminary hearing, circumstances that impede the judicial consideration of the case are established, violations of legal norms committed during the investigation or inquiry are excluded, and other fundamental issues that affect the effectiveness of the trial are considered. At the same time, the study describes the facts of unlawful decisions made as a result of the consideration of substantiated petitions in ways that contradict the law, which is due, among other things, to the practice established in certain regions and the need to comply with certain statistical indicators. Discussion and Conclusions: the author comes to the conclusion that there is a need for further legislative improvement of the regulatory framework and detailed explanations to judicial bodies on the correctness of the implementation of the powers available at the preliminary hearing and proposes in this regard to amendments to Articles 75, 237 of the Criminal Procedure Code of the Russian Federation and Resolution of the Plenum of the Russian Federation Supreme Court of 12/17/2024 No. 39 «On the practice of applying by courts the norms of the Criminal Procedure Code of the Russian Federation regulating the grounds and procedure for returning a criminal case to the prosecutor».