Certain aspects of the defender’s appeal against court decisions taken in the pre-trial procedure

Appeal is the main way for the participants of the defense to defend their rights, since it allows the defender to challenge illegal procedural actions (inaction) and decisions of officials in the implementation of criminal proceedings. Of particular interest is Part 5 of Article 165 of the Code of Criminal Procedure of the Russian Federation, which fixes cases when investigative actions can be carried out without judicial sanction, limited only by the decision of the investigator or inquirer in circumstances that do not allow postponement. The current version of Part 5 of Article 165 of the Criminal Procedure Code of the Russian Federation does not provide for the procedure for the participation of defense counsel and other interested persons in a court hearing when deciding on the legality or illegality of an investigative action that brooks no delay, such explanations are given exclusively in Resolution No. 19 of the Plenum of the Supreme Court of the Russian Federation. In this regard, the author considers it appropriate to include in Article 165 of the Criminal Procedural Code of the Russian Federation the requirements for clarification of the right to participate in the court session devoted to the issue of establishing the legality or illegality of the investigative action to the defense counsel, suspect, accused and other interested parties.