The article discusses formal aspects of a suspected legal counsel’s right to defence and pinpoints the great vagueness of this issue. That is why, the author begins his discussion with the analysis of the essence of formal aspects of the right to defence and accepted rules of interpretation of provisions referring to other regulations. Next, using theoretical instruments created earlier, the author describes a suspected legal counsel’s basic rights, in particular, the right to have his own counsel for the defence, a translator’s assistance, and the right to claim a refund of incurred costs of defence. As a result, the author proves that current regulations, although they meet the requirements of the Constitution, should be changed. In his opinion, describing the substantial elements of the basic procedural guarantees with the use of the phrase “should be applied by analogy” makes those guarantees doubtful.