In present article authors analyze current situation in the field of attorney participation in the criminalprosecution process in Russian Federation. Authors research current legal base and discuss related practicaland theoretical questions. Authors explain reasons for having a set practice of having a lawyer in criminal prosecution and rights of Russian Federation citizens to get a free lawyer if one cannot pay for the lawyer of his (her) own. One of vary important rights of RussianFederation citizens is the right for the defense bya professional lawyer. This right is guaranteed by the article 48 of the Constitution of Russian Federation. In terms of organizational means this right should not only be guaranteed, but also all reasonable affords shouldbe made to make sure that this right may be exercised in full. In the conclusion of this article authors present personal opinions on how current legal base may be changed to better feet modern situation in Russian Federation. © IDOSI Publications, 2014.