THE RIGHT TO DEFENSE AT THE STAGE OF INITIATING A CRIMINAL CASE: MEANS OF REALIZATION AND CONSEQUENCES OF VIOLATION

The article is devoted to the procedural means used to protect against criminal prosecution at the stage of initiating a criminal case, the problems of their application, and the consequences of violating this right. The author argues that the most functional tool for protection at this stage of the process is the institution of petitions and complaints, and the possibility of appealing against the decision to initiate a criminal case depends on the justification that the decision directly affects the person’s interests. When examining the possible consequences of a violation of the right to defense at the stage of initiating a criminal case, attention was drawn to the fact that failure to ensure the participation of a lawyer at the stage of initiating a criminal case does not render all evidence inadmissible, but only evidence related to the person’s direct explanations.