The essence of the terms «direct» and «cross» examination of witnesses and victims is defined in the article. It is noted that during the judicial examination on judicial sitting answering to the questions form of presentation is used, but proposal of the presiding regarding free presentation of testimony relates only to the interrogation of the accused. The prosecutor and the defense should pay special attention to the observance of procedural order, correct strategy and tactics of holding direct and cross-examination of witnesses and victims during criminal proceedings to ensure performance of their judicial functions of prosecution and defense, as in terms of the wider use of competition elements under the new Criminal Procedure Code of Ukraine it is more likely to receive necessary information from the person being questioned to verify the legal positions of the parties. It is noted that the court does not conduct questioning, but monitors compliance with the rules of its implementation by the parties. In case if one of the parties objects, the judge may remove the questions which do not concern the merits of the criminal proceedings and in case of vagueness in the testimony of a witness, victim regarding the presence or absence of particular circumstances demanding from witness a clear answer to the question -«yes» or «no», but the presiding and the judge may ask questions only after the witness was questioned by victim, civil plaintiff, civiI defendant, their representatives and legal representatives or in case if there are other evidence to be examined. The problem of participation of the accused (defendant) in the «direct» and «cross» examination of witnesses and victims under the provisions of international conventions and European Court of Human Rights is analyzed. The author draws a conclusion that the defendant should have the right to take part in the examination of witnesses and victims, because he relates to the defense even if he has a counsel.