In the legal sphere, there are fundamental principles that are a platform for the preservation and realization of the fundamental rights and freedoms of citizens. They are considered a guarantee of the prosperity of civil society, an integral part of which is fair, humane legal proceedings. The adversarial principle is one of them. This principle tops the list of requirements for a society that claims to be a democratic one, a confirmation of this is the proclamation of equality of parties in court in normative acts of all levels: from international to national.
Consider the implementation of the principle of competition of the parties in criminal law. As in any other category of law, adversarial process in criminal proceedings is based on the Constitution of the Russian Federation and is characterized as a system of interrelated actions, tools that are used by the parties to achieve their own goals in the outcome of the case. Putting these tools into practice, the parties form the structure of the judicial process.
Legal basis of the adversarial principle of the parties to legal proceedings
The implementation of legal proceedings on the basis of adversarial and equal rights of the parties originates in article 123 of the Constitution of the Russian Federation. Then it can be seen in Article 15 of the Code of Criminal Procedure of the Russian Federation, which states that the criminal process is based on the adversarial process of the parties. The meaning of this principle is that the defense and the prosecution are equal before the court, and the treatment of them is equally impartial.
In the adversarial process of the parties, the democratic beginning of criminal proceedings is visible. Subject to this principle, the prosecution and the defense are separate from the court, they are opposing parties that have equal opportunities to realize their interests and to refute the facts of the opposite side. The court leads the process, investigates the circumstances of the case and resolves the dispute.
Definition of adversarial parties
Consider the various definitions of the principle of competition.
In the general understanding, the adversarial process of the parties is a democratic principle of legal proceedings, according to which the case in court is considered as a dispute between opposing parties.
The indicated principle is to build a trial and examination of evidence in such a way that the parties are provided with equal opportunities to assert their case.
According to another point of view, competition is primarily a competition between the parties, when the actions of one of them limit the ability of the other to unilaterally influence the outcome of the case. And the court directs and controls the process.
Adversarialism can also be considered as a strict delineation of the functional duties of the parties to the prosecution and the defense in resolving the case, as well as sentencing by the court.
The principle of competitiveness of the parties in the Russian Federation can be considered as a system of three interrelated elements:
- differentiation of the rights and duties of the prosecution, defense and decision in the case;
- empowerment of the parties to the same extent to protect their rights and interests in litigation;
- leadership role of the court.
Appointment of parties to proceedings
The function of the prosecution in the criminal process is assigned to the public prosecutor, prosecutor, head of the investigative body, head of the body of inquiry, the victim or civil plaintiff.
The defendant or defendant has a defense function and can also be performed by a legal representative.
Resolution of the case is the prerogative of the court.He must be impartial in the dispute between the parties in resolving a legal conflict.
How parties use the adversarial principle
The principle of competition ensures that the warring parties are endowed with equal opportunities to protect their rights and interests. But, having the same rights, the parties use different tools. This means that the existence of identical rights for the parties in court is not equal to the same number of manipulations, operations and investigations that they resort to. The principle enables the parties to obtain the desired result on an equal footing with the opposite side.
The court is the leader of the process, it is obliged to remove the matter impartially and fairly from the persons involved in the case, to provide the parties with the opportunity to implement the principle of adversarial proceedings. The court does not assume the responsibilities of prosecution or defense and cannot treat one of the parties more or less favorably.
The practical significance of the principle
The practical significance of the principle enshrined in the Constitution of the Russian Federation, which guarantees the possibility of adversarial proceedings by the parties, cannot be underestimated. He asserts the lawfulness and ensuring the rights and interests of citizens, confronts unity of command in the field of justice, promotes a fair assessment of facts during the preliminary investigation and in court.
The process can be recognized as adversarial only if the parties actively interact on an equal footing, proving their innocence, have the opportunity to challenge any evidence, statement, interpret them based on their interests, collect and provide evidence, contribute to the search for truth in the trial and adoption by the court informed decision. It is important that the principle under consideration gives protection and prosecution not formally equal, common rights, but has clearly fixed instruments for their implementation.
Implementation of the principle
Speaking in detail about a criminal case, the principle of adversarial proceedings of the parties means that the prosecution and the defense have the right to familiarize themselves with the evidence of the opposite side and express their opinion. Russian legislation ensures compliance with this principle using various procedural tools and methods provided for by the Code of Criminal Procedure of the Russian Federation. To exercise the rights, it is important to ensure the awareness of the other party so that it has the opportunity to prepare an objection in time, challenge the evidence and substantiate its position in the case.
The court, in turn, is also interested in a thorough and comprehensive study and coverage of the case file. Thanks to this, the court will equally present circumstances accusing the accused or mitigating his guilt. Only the joint activities of the prosecutor and the defense counsel create the necessary platform necessary for a high-quality and lawful sentence.