Abstract

[Translated by Google] The article touches upon one of the most important problems of criminal - procedural law. It examines the procedural position of the defense in the criminal - procedural production in terms of its role and importance. In the above legal literature expressed views on this issue. Based on the analysis of opinion identified three positions: 1.zaschitnik - representative of the accused; 2.zaschitnik - an independent participant in the process and at the same time representative of the accused; 3.zaschitnik - assistant justice. Expressed about the legal status of the defense of equal rights representative of the accused as an independent subject of Procedure, the defender is why procedural independent entity and to what extent is defined by its independence, in which case the defender is representative of the accused and whether the defender of justice and the assistant. etc. On the basis of comparative analysis examined opinions on the issues of the theory of procedural law in Russia, Poland and Germany. Analyzed the mismatch position and the defense of the accused in relation to the fact of the crime, the ratio of public and private interests, and other questions, suggestions, and opinions. The work refers one of the important problem of the trial theory. A judicial procedure of protector is scrutinized from the standpoint of protector's role in the trial. Opinions expressed about this matter, in Law Literature, are given in this work. It follows that there are three positions: 1. Protector as a representative of the accused; 2. Protector as an independent part of a court trial and simultaneously representative of the accused; 3. Protector as an assistant of court. There are also given opinions about a judicial status of protector, why is it an independent element and etc. The conceptions existed in Russian, German, Polish trial theory about the above-named matter are discussed too. It is analyzed a relationship between the accused and protector, an incompatibility of positions about the fact, correlation of private and common interests and other issues.