ENSURING A BALANCE OF POWER IN THE CRIMINAL PROCESS IS A GUARANTEE OF STABILITY AND JUSTICE

Abstract

In the article, the author draws attention to the need to build a fair and adversarial criminal process, since often the defense side is faced with a number of obstacles in the exercise of its rights. Difficulties arise both in the collection of information relevant to the case by sending a lawyer's request in connection with the restricted access regime, and in the integration of the information received in the criminal case. The author proposes to solve this problem by introducing into the current legislation a legal mechanism aimed at the real endowment of representatives of the defense party with additional tools to assert their legal position by presenting objects and documents with evidence of evidence to the court. The introduction of such a figure as an investigating judge can also contribute to this. The main task of the latter will be to resolve issues about the possibility of including information obtained by a lawyer in the list of evidence like other documents.