Motorygina M. The defense party in the trial proceedings of first instance.

The work is devoted to solving of theoretical and practical issues, related to participation of the defense party in the trial proceedings of first instance. Formation and development of scientific thought and legislative securing of the concept of "Party of the criminal proceedings" is studied. Guided by new legislator's approaches concerning building of criminal procedure of adversarial type, classification of participants of criminal proceedings is made. The author's definition of "The defense party in criminal proceedings" is developed, its features are singled out, functional characterization is given. The international legal standards that are designed to promote the right to defense in criminal proceedings and to ensure its effectiveness are singled out on the basis of analysis of international legal acts and the ECHR practice. Mechanisms of realization of defense functions by the defense party in the trial proceedings on first instance are analyzed. Taking into account the results of the conducted research, generalization of enforcement practice, practice of ECHR, scientifically grounded proposals for improvement of the legal regulation of participation of the defense party in the trial proceedings of first instance are formulated.