On the issue of judicial protection of the rights of the parties when they present evidence at the stage of preliminary investigation

The present study considers the topical problem of judicial protection of the rights of the parties to criminal proceedings when they present evidence at the stage of preliminary investigation. The author comes to the conclusion that the subject of judicial control, which is carried out with regard to complaints of the parties to a criminal proceeding, includes checking the legality and validity of the refusal of an investigator or an inquiry officer to attach evidence to the case materials on the grounds of its irrelevance. For these purposes, the court has the right to evaluate such property of evidence as its relevance. This evaluation is preliminary in nature and does not have prejudicial significance for the court considering the case on the merits. Evaluation of the relevance of evidence serves to implement the principles of adversariality and equality of the parties at the stage of preliminary investigation.