Lawyer’s participation in proof: the necessity of the model change

The issues of evidence in criminal proceedings are among the most controversial, generating ongoing discussions. This is also facilitated by the uncertainty in a number of issues laid down by the legislator in the Code of Criminal Procedure of the Russian Federation. Among them stands out the issue of the right of a lawyer to collect and present evidence necessary for the effective protection of the legitimate interests of a client being prosecuted. But, as evidenced by the analysis of practice and scientific literature, the collection of evidence and proof by the legislator are quite strongly formalized, therefore the right to participate in the proof of a lawyer is declarative - the Code of Criminal Procedure of the Russian Federation does not contain any norms and instructions that the information collected by a lawyer is automatically recognized as evidence and participates in the proof. In this regard, it is proposed to change the current situation, to stop imposing requirements for compliance with the procedural form on the evidence collected by the lawyer.