LAWYER INVESTIGATION AS A FORM OF ORGANIZING THE WORK OF A DEFENDANT IN CRIMINAL PROCEEDINGS

Abstract

The article studies the problematic issues of forming the concept of
adversarial investigation as a fundamental principle of criminal proceedings. It is
noted that the adoption of new criminal procedural legislation, having established
the principle of adversarial proceedings in the future, when regulating individual
institutions of criminal procedural law, did not ensure its real implementation in
practice due to the existence of a corresponding imbalance in the powers and
organizational and tactical capabilities of the prosecution and defense during the
pre-trial investigation. The main provisions that update the issues of conducting
an adversarial investigation and are the theoretical basis for forming its structure
are analysed, and the main developments of scientists in this area are outlined.
The initial parameters regarding the boundaries of an adversarial investigation in
the structure of advocacy are identified. Correlations between the content of an
adversarial investigation and the features of activity within the framework of
criminal proceedings are determined. It is emphasized that an adversarial
investigation is a structural element of protection and, only in some cases, can be
a component of representation. Various scientific concepts for understanding the
essence of defense in criminal proceedings are systematically outlined. The main
features of defense as a form of advocacy are highlighted. The main scientific
approaches to understanding the essence of advocacy investigation are explored.
The definition of advocacy investigation is formulated, and its organizational and
tactical blocks are also highlighted and characterized. The main areas of
organizational activity of the defense attorney within the framework of advocacy
investigation are characterized, with their distinction during defense and representation