Provision of Adversariality by the Court in Criminal Proceeding

Abstract

After carrying out deep analysis of criminal procedure legislation, court practice and scientific theories we have distinguished the peculiarities of court activities at the stage of preliminary procedure and hearing. Offers are formulated for improvement of court’s legal coverage of adversariality principle in the framework of criminal proceeding. It is stressed that one of important conditions to guarantee the adversariality is the obligation of the court, along with its commitment to stay impartial, to provide opportunities for the parties to exercise their rights and fulfill relevant obligations. Adversariality of criminal proceeding is guaranteed by authorities granted to the judge in terms of ensuring the parties’ participation in the process. One of the key conditions to establish the adversariality of criminal proceeding is to ensure the parties’ procedural equity which means that both prosecution and defence must keep balance regarding their rights and obligations. Activity of the court as subject of criminal proceeding does not contradict the adversariality principle and is necessary upon condition of the parties’ initiative in establishing the scope and procedure of evidence examination. In order to ensure the adversariality in criminal proceeding one must stipulate the opportunity to examine the evidence collected by the court after identical examination of evidence provided by prosecution and defence along with other parties of the criminal proceeding.