Implementation of the Principle of Adversarial Parties in Criminal Proceedings

Abstract

The article is devoted to the adversarial principle in criminal proceedings enshrined in the Russian law and objective possibility of its implementation in practice at different stages of criminal proceedings. Adversarial principle in criminal proceedings is very important, it is the principle that makes the criminal process truly adversarial and therefore effective. The level and objective possibility of implementation of the adversarial principle indicate the democracy of the justice system. The content of the adversarial principle, various approaches to this principle of criminal proceedings, its application in individual stages of the criminal process, as well as separate problems of application of this principle at various stages of criminal proceedings are analysed. As a result of the analysis, a conclusion about the problem of implementation of the adversarial principle is made. Among other things, it is substantiated that the mechanism of implementation of this principle is not sufficiently effective, especially at the pre-trial stages of the proceedings.