The purpose of this study is to identify problems arising in the process of realizing the functions of prosecution and defense in criminal proceedings of the Russian Federation. The author analyzes the concept of "adversarial nature". A direct relationship is established between the adversarial principle and the positions of prosecution and defense. The necessity of comprehensive improvement of the existing criminal procedure legislation is shown by creating an effective mechanism to protect the rights and interests of individuals and legal entities that suffered from illegal actions, as well as protecting a person from unlawful and unsubstantiated accusations, infringing his rights and freedoms. In a positive way, the similar experience of foreign countries is being investigated. Among the main findings outlined in this article, the following points are worth emphasizing: in the field of criminal justice, provisions of the Criminal Procedure Code and international regulatory legal acts should be provided in relation to the presentation of the initial charge in order to eliminate the negative consequences not only for the outcome of specific criminal cases, but also for law enforcement in the preliminary investigation process in general; the solution of the task of expanding the adversarial principle at the preliminary investigation stage should be based on the legislative abolition of the unilateral procedure for introducing the facts to the materials of the criminal case presented by the defense; a clear legal status of the parties of the defense and prosecution, provided by the law and the mechanism for its execution, takes criminal procedural relations to a new qualitative level, which positively affects the reputation of the social state.

Authors study the issues of providing the suspect and the accused with the right for defense in criminal proceedings through the prism of the provisions enshrined in international normative legal acts and the Constitution of the Russian Federation. The relevance of this article is substantiated by the authors by the fact that the consideration of the problems of the procedural status of the suspect and the accused in the criminal case should start with this basic provision of the principle of criminal proceedings, such as ensuring the right for protection to the suspect and the accused under article 16 of the Criminal Procedure Code of the Russian Federation. In the context of the modern legal state and the requirements of the Constitution of the Russian Federation, which establishes the basic rights and freedoms of the person and the citizen. The solution to this problem becomes extremely important in the field of criminal justice, which is inevitably associated with the restriction of the constitutional rights of the individual within the limits allowed by law. In this regard, the problems of ensuring the right of the suspect and the accused to a defense require special attention. Based on the results obtained, the authors conclude that compliance with the guarantees of the right to defense of suspects and accused persons has a significant impact on the domestic and foreign policy image of the Russian Federation, being directly proportional to the legal insinuations of international organizations and attempts to influence the Russian legal system.

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Through the method of reviewing scientific documentation, the objective of the study is to determine international legal standards for the implementation of criminal prosecution and its implementation in legislation in Russia and Germany. International standards in the field of criminal procedure are analyzed, from which the category "international standards of criminal prosecution" has been developed. To form a unified concept for the implementation of criminal prosecution and create an effective mechanism to protect the rights of the accused, the need for further investigation of international standards is argued. Within the framework of this investigation, an attempt was made to draw attention to the issues of the regulation of the implementation of criminal prosecution in international documents, as well as the national legislation of the Russian Federation and the Federal Republic of Germany. It is concluded that international standards for the application of criminal prosecution play an important role in consolidating the rule of law and improving criminal procedure legislation, as they contribute to the formation of a unified concept of criminal prosecution and set the permissible limits for restricting the rights of the accused.