Observance of the rule of law is an important condition for the protection of the rights and legitimate interests of a person involved in criminal proceedings. The positive potential of using a video conferencing system in an investigative action to a certain extent reduces the guarantee of the accused’s right to defense. The situation with ensuring this right is aggravate when the accused is in a pre-trial detention center due to the application of a preventive measure in the form of detention. The analysis of the construction of the legal norm fixing the list of bodies of inquiry, the study of the legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation on the issue of confidential communication between the defender and his principal, the generalization of the opinions of defense lawyers, the interpretation of the results of investigative practice allowed to substantiate the guarantees of legality of the remote production of an investigative action with the participation of the accused in custody.