On the issue of the possibility of participation in the criminal case of an advocate who previously held the post of head of the investigative body

Purpose: This study aims to resolve the question of the admissibility of participation in a criminal case of an advocate who previously held the position of the head of the investigative body which conducted criminal proceedings in the case. Methodology: A legalistic method was used. Results: The paper deals with the problem of the possibility of providing legal assistance by an advocate, if he previously held the position of the head of the investigative body in charge of the criminal case. It has been established that such a practice would contradict the principles and norms of the criminal procedure legislation, as well as the norms of the Federal Law «On Advocacy and Advocate Activities in the Russian Federation». Based on the study, suggestions were made to improve the current criminal procedure legislation of the Russian Federation. Novelty/originality/value: This study has scientific and practical value, since it is a first attempt to consider the participation in a criminal case of the head of the investigative body as a circumstance precluding his entry into the criminal process in this case as a defense counsel, representative of the victim, civil plaintiff or civil respondent.