“POST-INVESTIGATIVE” FAMILIARISATION WITH CRIMINAL CASE MATERIALS IN THE CONTEXT OF BALANCING PUBLIC AND PRIVATE INTERESTS

The relevance of the article is due to the unsuitability for the needs of law enforcement practice of the currently existing rules to acquaint defendants and lawyers with criminal case materials at the end of the preliminary investigation, primarily because of the predisposition of these rules to intentionally delay such a study. Purpose: to identify the causes that predetermined the emergence of shortcomings in the normative regulation of familiarisation with criminal case materials and to formulate proposals for their elimination. Methods: general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal-legal, historical-legal, prognostic, etc.). Results: the article suggests that there is a need to review conceptual approaches to the procedure of familiarising the accused and his or her counsel with criminal case materials. The article states that in the modern context of the development of pre-trial mechanisms for criminal proceedings there is an objective need for the formation of a new, or rather, a highly updated model of the final part of the preliminary investigation, based on a reasonable balance of public and private interests as the most important condition for the implementation of state policy in the field of criminal justice. The article notes that when developing such a model, first of all, it is necessary to abandon the current extremely high level of comfort for non-powerful participants in criminal proceedings to realise their procedural opportunities.