Significant problems of the criminal process are associated with the fact that at the legislative level, pre-trial proceedings and the court in criminal cases are regulated in the same way. The predetermination of the “accusatory bias” arises from the similarity of the structure of the current law to its Soviet predecessor. The extension of the uniform principles of legal proceedings to its various heterogeneous elements leads to the emasculation of their meaning. It is proposed to divide the criminal procedure law into “Investigation Code” and “Judicial Code”.