The article describes the current problems of participation of defense counsel during pre-trial investigation in the context of improving the provisions of the new criminal procedural law. It is noted that today the principle of adversarial prosecution and defense during the pre-trial investigation is often perceived as a declaration and not fully implemented defenders. This is caused by both objective and subjective factors, including imperfect regulations and laws that prevent the realization of rights defender on collecting evidence in full. The authors notes that consolidation in the legislation of a number of important stories concerning the participation of the defense in criminal proceedings, allowing more efficient than the CPC «soviet» model, to defend the rights, freedoms and legitimate interests of participants in criminal proceedings. However experience of pre-trial investigation in an updated legal framework reveals many problems that require legal regulation of clarifying the powers of the prosecution and defense, and therefore the experts concerned law enforcement agencies currently handled proposals for amendments and additions to the existing Criminal procedural legislation.

Keywords: the defense, defender, advocacy, pretrial investigation, investigators (seach) actions, criminal procedural law.