On the question of the legal regulation of the status of the investigating judge

The basis of the criminal process of the Russian Federation is the doctrine of the adversarial nature of the parties. In the light of adversarial principles, the issue of balancing the possibilities of the defense and the prosecution at all stages of the criminal process is of interest. Therefore, we understand that Russian criminal proceedings can hardly be called absolutely adversarial. Lawyers as procedural defenders of the suspect, accused, defendant do not have the powers regulated by the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation) equivalent to those of the criminal prosecution authorities that affect the process of proving in the case. In addition, in fact, they are deprived of the opportunity to use the evidence of the prosecution, which are attached to the materials of the criminal case, which is in the hands of the criminal prosecution authorities, and then in court. Only the prosecutor and the judge are vested with such right in the judicial process. It is indisputable that at the pre-trial stages of criminal proceedings, the investigative principles are more obvious, and already in court they are adversarial. One of the ways to balance the rights and obligations of the competing parties in the criminal process is the functioning of the institution of the judicial investigator.