Improving the Tactics of the Prosecution and Defense during Temporary Access to Things and Documents

The article contains the main recommendations for improving the activities of the prosecution and the defense in criminal proceedings when applying the measure of restraint of criminal proceedings - temporary access to things and documents. In the course of investigation, the prosecutor, investigator, and coroner in almost every proceeding need to seize any data storage devices that may be evidence of a crime. In turn, defense counsels are also increasingly using their powers to provide temporary access to things and documents. The practice of applying this measure to ensure criminal proceedings shows a large number of mistakes made by the parties to criminal proceedings, and as a result, this measure is not implemented, the court refuses to make a decision and, accordingly, the goal is not achieved. The purpose of the article is to improve the quality of temporary access to things and documents by the parties to criminal proceedings, to obtain positive practice of court decisions on such access and to obtain results for ensuring the objectives of criminal proceedings. Methodology. To achieve this goal, the author uses the formal logical method, systemic and structural, comparative legal and statistical methods. Scientific novelty. The author compares the procedural and tactical capabilities of different parties to criminal proceedings - the prosecution and the defense. The author identifies the typical mistakes they make in the course of their activities during temporary access to things and documents. With this in mind, the author makes proposals for improving both the general tactics inherent in both parties to the process and the specific tactical and procedural actions and techniques inherent in each individual. Conclusions. A number of recommendations for prosecutors, investigators and attorneys-at-law have been made with the aim of improving the quality of the parties to criminal proceedings during temporary access to things and documents