Participation of a lawyer in criminal proceedings: gaps in legal regulation

Introduction: The article deals with the issue of the specifics of the participation of a lawyer in criminal proceedings, since the activities of a lawyer are multifaceted, but they are aimed at providing qualified legal assistance, which is guaranteed to everyone in the Russian Federation. Particular attention is paid to the analysis of the main trends in the development of criminal and criminal procedure legislation, as well as the legal positions of the Constitutional Court of the Russian Federation regarding the research issues. Materials and Methods: the normative basis of the studu is formed by Constitution of the Russian Federation, criminal, criminal procedure legislation, local regulations governing the participation of a lawyer in criminal proceedings, materials of judicial practice, statistical data. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The Results of the Study allowed to highlight the peculiarities of participation of a lawyer in criminal cases not only in the defence of the suspect, accused, but also as a representative of other participants in criminal proceedings. Findings and Conclusion: 1) The Code of Criminal Procedure of the Russian Federation should contain a provision guaranteeing the receipt of qualified legal assistance by any person participating in investigative, judicial and other procedural actions. 2) The admission of a lawyer to participate in a criminal case is based on a notification, and not on a permissive principle. 3) Art. 56.1 of the Code of Criminal Procedure of the Russian Federation, it is necessary to amend by including a requirement to ensure the participation of a lawyer who defends a person who has entered into a pre-trial agreement on cooperation in separate proceedings.