Review

Relevant questions of applying of current legislation in aspects of implementation of disproving the suspicion (primary charge) by the defense during the pre-trial investigation were analyzed in this article. In this paper conception of such terms as “defense”, “function of defense”, methods of the implementation of the function of defense were described. One of the forms of implementation of the function of defense in a criminal case – disproving (primary charge) was analyzed. The author made his own classification of methods of the disproving of suspicion (primary charge) during the pre-trial investigation. Completed and partly completed forms of suspicion (primary charge) by the amount of disproving are determined. Depending on an objective of the disproving of the suspicion (primary charge) these methods were determined: 1) disproving, which refers to acceptation of intermediate procedural decision; 2) disproving, which refers to acceptation of the resulting procedural decision during the pre-trial investigation.

It is noted that the initial rebuttal prosecution during the preliminary investigation as possible through the participation of the defense in the conduct of investigation (search) action, during which declared the relevant application.

In the article concluded that function of the attorney, which refers to disproving of the suspicion (primary charge), is impossible without collection and presentation of evidences during pre-trial investigation. Author pointed out the actual inequality of procedural possibilities of the defense and prosecution in form of getting evidences about the completed and partly completed disproving of the suspicion (primary charge), rehabilitation of innocent and extenuation of amenability of guilty.

Keywords: suspicion; charge; prosecution; defense; proving; disproving of a suspicion (primary charge).