Annotation

Purpose: a comprehensive analysis of the tactical and criminalistic features of the defender's participation during the first interrogation of a suspect in cases of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and potent substances in order to identify key aspects of the defender's preparation for interrogation, identify the procedural positions of the defense and develop recommendations to improve the effectiveness of the protection of the suspect's rights. Methodology: the research uses logical-legal, comparative-legal methods of scientific cognition. The empirical basis was made up of materials from criminal cases and doctrinal sources addressing the issues of tactical and criminalistic features of the defender's participation in this investigative action in cases of crimes of this category. Conclusions: the active participation of the defender in the first interrogation of the suspect allows not only to minimize the risks of violation of his procedural rights, but also significantly affects the formation of the evidence base in the case. Typical violations on the part of the investigating authorities during the interrogation were revealed. A classification of procedural defense positions has been developed, taking into account the specifics of Articles 228, 228¹, 234 of the Criminal Code of the Russian Federation. The necessity of legislative consolidation of mandatory audio and video recording of interrogations of suspects in this category of cases is substantiated. Scientific and practical significance: the results of the study can be used in the practical activities of lawyers, investigators and judges. The tactical algorithms of the defender's actions developed by the author make it possible to optimize the process of preparing for interrogation and increase the effectiveness of the defense. The conclusions presented in the scientific article can be used in law enforcement and research activities.