Why according to the supreme court of Russia and a number of subordinate courts consideration of criminal case in the absence of the advocate-defender is lawful?

Purpose: Consideration of the problem questions connected with consideration of criminal cases in the absence of the advocate-defender. Methodology: The author applied a formal-legal method, a method of studying of documents and a method of the included supervision. Results: In article on the basis of the analysis of the interconnected criminal cases it is shown how the right for judicial protection against an arbitrariness of officials and the right for the appeal guaranteed by the Constitution of Russia in court of actions (or inaction) and decisions of authorities and public officials is ignored by judges of the first, appeal, cassation and supervising instances. Legal justification of illegality of consideration of criminal case is also given in article in the absence of the advocate-defender in relation to concrete criminal case. Novelty/originality/value: Article has the important practical value as contains author’s generalizations possessing scientific novelty, conclusions and practical offers which can be used in advocate’s activity.