Annotation

The article examines the meaning and legal content of the term «means», as well as provides a comprehensive analysis of the related categories of «instrument» and «method». It notes that despite the widespread use of these diverse concepts in criminal procedure legislation, there are no regulatory definitions for them, which leads to terminological uncertainty and confusion. Based on an analysis of lexicographic sources, scientific approaches, and the norms of the Criminal Procedure Code of the Russian Federation, the article argues for the equivalence of the terms «means» and «instrument», while also emphasizing the need to distinguish between the concepts of «means» and «method» due to their distinct functional nature. It is shown that a means is a legal tool aimed at achieving a goal, while a method is a form, technique, or technology for its application. It is shown that the differences are revealed not only at the level of their essential nature, but also at the level of the questions that they allow to be solved: «by what?» and «through what?» –– for the means; «how?» and «in what way?» –– for the method. It is concluded that the correct understanding of these categories is essential both for the criminal procedure theory and for law enforcement practice, including the activities of a lawyer, as it directly affects the formation of a position on the case, the choice of tactics, and ultimately the effectiveness of the implementation of the right to defense.