ACTUAL PROBLEMS OF FAMILIARIZATION OF THE ACUSED AND HIS DEFENDER WITH THE MATERIALS OF THE CRIMINAL CASE

Abstract

The article discusses current problems that arise at the stage of familiarization of the accused and his defense counsel with the materials of the criminal case, as one of the key guarantees for the realization of the right to defense. The impact of the volume and complexity of evidentiary material, organizational and technical conditions of access, digital format of evidence, as well as procedural mechanisms related to the possibility of limiting the period of familiarization is analyzed. Particular attention is paid to the conflict between the need to ensure a thorough study of the materials and the desire of the preliminary investigation authorities to speed up criminal proceedings. It is shown that the lack of uniform standards for the provision of electronic copies, the lack of technical resources, the heterogeneity of judicial practice in assessing the "delay" of familiarization and issues related to incomplete presentation of materials based on witness protection lead to an imbalance in the procedural capabilities of the parties. It is concluded that it is necessary to improve the rules of familiarization, expand judicial control, introduce unified digital formats and establish criteria for the integrity of the conduct of participants in the process, which will ensure the real, rather than formal, exercise of the right to defense at this stage of criminal proceedings.