The defense lawyer's rights of proving at the stage of preliminary investigation have been substantially expanded by the Code of Criminal Procedure of the Russian Federation. The purpose of the article is to analyze the main rights of a defense lawyer both in terms of the possibility to implement them within the framework of the current Code of Criminal Procedure as applied to pre-trial stages, and in terms of his ability to counteract the preliminary investigation bodies. The focus of the article is on the rights of the defense lawyer at the stage of preliminary investigation. Particular attention is given to the defense lawyer's counteraction to the preliminary investigation bodies during the preliminary investigation of the criminal case. The authors describe the process of empowering the defense lawyer with various rights at the stage of preliminary investigation in the criminal process in Russia. The conclusion is made regarding the possibility of correlation of the discrepancy between the actual behavior of lawyers and the requirements of some legislative acts with a rather complex and ambiguous nature of the lawyer's work, the insufficient legal regulation of it, and the lawyer's dual ethical status.
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