Abstract: The paper studies the defence counsel’s status as a subject of proving during pleadings and parties’ replies in the contemporary Russian criminal proceedings. The author analyzes various positions on the term defence counsel’s speech defining, offers her own definition and studies the main features characterizing it. The paper contains the classification of rights, duties and responsibilities of a defence counsel in judicial proceedings during pleadings and parties’ replies. The author applies the formal logical, statistical, historical-legal methods, analysis and interpolation. The paper studies the standard structure of a defence counsel’s speech, and the main stages of its preparation and delivering. The author studies and classifies the rights, duties and responsibilities of a defence counsel during his speech in pleadings and parties’ replies. The author formulates the main problems which a defence counsel faces during pleadings and parties’ replies, and offers the ways to solve them. 

Keywords: speech, the prosecution, criminal proceedings, the accused, court, last plea, pleadings, counsel, defence counsel

Keywords: reshenie Konstitutsionnogo Suda, postanovleniya, polozheniya zakona, monitoring, , organy vlasti, praktika ispolneniya reshenii, podgotovka kadrov, kharakteristika reshenii

Abstract: when opening a criminal case, the violations of the requirements of the law are rather widespread. They are committed both at the stage of receiving a message about a crime (conceal of a crime from recording; denial to take the message under different pretences) and within a preliminary checking of a message about crimes and taking procedural decisions (unsubstantiated denial to open a criminal case; qualifi cation of the criminally punishable acts as administrative minor offences; inadequate taking of procedural decisions). The noted facts lead not only to the distortion of the true state of criminality, its structure and dynamics, but also infl ict damage to the constitutional rights and freedoms, interests of the victims, don’t let the civilians and organizations to press for legal penalty of the guilty and reinstate their violated rights.

Keywords: denial to open a criminal case, receiving a message about a crime, preliminary checking of messages, opening a criminal case, violation of the requirements of the law

Abstract: international cooperation in the sphere of the criminal legal proceedings provides multiple approach to the formation of the procedural proceedings of this cooperation. Contemporary comparative legal studies of the foreign criminal procedure can be divided according to their reference to the following problems: studying the tendencies of development of the international procedural legislation and comparison of the procedural proceedings; studying the model approach, studying the mechanism of international cooperation in the sphere of criminal proceedings when rendering a legal assistance on criminal cases, comparison of procedural foundations in evidence, application the measures of compulsion and investigation, studying the tendencies in the formation of interdependence of regional law enforcement institutions and Interpol, regularities of cooperation with the European Union on criminal cases. The author’s consequent model of application of rules of international treaties includes the following: the necessity to create a unifi ed judicial institution of State — members of the CIS, form Federal internationallegal service of the RF and its vertical departments within the Subjects of the Russian Federation, substantiate and introduce a new position in courts and law enforcement organs — that of international consultant, to realize a European model of judicial control and found a position of an investigating judge (magistrate).

Keywords: international agreements, criminal proceedings, personal rights protection

Abstract: unfortunaly, criminal procedural legislation of Russia, admitting application of different measures of compulsion and limiting right and freedoms of human, are still don’t include a fundamental norm, which should provide: 1) foundation, causes and limits of freedom and rights of human and citizen limitation in the criminal procedure; 2) the list of cases, preventing limitation of rights and freedoms of human and citizen in the criminal procedure; 3) proscription of wide understanding of foundations (criteria) for the application of limitation of rights and freedoms of human and citizen; 4) responsibility of offi cials and judges for inadequate decision to limit rights and freedoms of human and citizen in the criminal procedure; 5) proscription for limiting rights and freedoms of the suspects or accused in order to investigate a crime and gather evidence on the criminal case.

Keywords: rights and freedoms, criminal procedure, limiting rights and freedoms