ENSURING THE PROCEDURAL EQUALITY OF THE PARTIES IN A COURT HEARING IS A FUNDAMENTAL CONDITION OF THE ADVERSARIAL PRINCIPLE

Аннотация

This article discusses the issues of strengthening the mutual competitiveness of the parties in criminal proceedings, ensuring equality of procedural capabilities of the parties, which is an important component, as well as determining the position of the court in legal proceedings. The process of establishing the truth, determining the level of its activity during the period of collecting, verifying and evaluating evidence, the experience of some developed foreign countries and analysis were carried out on the basis of the scientific views of procedural scientists who conducted scientific research on this problem. The article also discusses the specific role of the judicial investigation stage when considering criminal cases in a court hearing of the first instance, as well as issues of improving the judicial investigation process based on the arguments of the parties. The article also analyzes the experience of foreign countries in developing the stage of judicial investigation in criminal proceedings. The opinions of procedural scientists from foreign countries on increasing the role of the court in the process of proof, the results of research conducted in practice, and the uniqueness of the principle of dispute in a judicial investigation are described. At the same time, recommendations and proposals for amending the criminal procedural legislation regarding improving the stage of judicial investigation when considering a criminal case were discussed.