In the paper, the authors attempt to analyze the legislative classification of participants in criminal proceedings. The work contains an analysis of the ratio between the concepts of "participant" and "subject" of criminal procedural relations. Having studied the approaches available in the theory of criminal procedure that existed during the period of the Soviet criminal procedure legislation and in the modern period, the authors conclude that it is unacceptable to identify the concepts of "participant" and "subject" of the criminal proceedings. A participant in a criminal proceeding is a person who has certain characteristics, including the existence of rights, duties and responsibilities, as set out in the relevant criminal procedure norm or group of norms.

Having applied the method of comparative legal analysis of domestic and foreign criminal procedure legislation, procedural theoretical constructions of the Soviet and modern period, the authors conclude that the legislator made an error in the presented classification and system of participants in the criminal procedure. In addition to the main criminal procedure functions, the authors focus on the existence of other functions that are no less important for the emergence and development of criminal procedure relations. It is stated that there is a need to change the approach to the legislative classification of participants in criminal proceedings, taking as a basis the existing experience of individual foreign countries. The authors propose to change the structure of section II of the Criminal Procedural Code of the Russian Federation, which makes it possible to avoid the currently existing procedural conflict related to the attribution of the investigator and the inquirer to the prosecution. It may also help to eliminate any doubts about the attribution of persons assisting in the administration of justice to the participants in the proceedings.