ADVERSARIALITY IN RUSSIAN CRIMINAL PROCEEDINGS

Abstract

The article reveals the concept of adversariality in the Russian criminal process. Taking into account the typological approach, the author highlights the characteristic features of the adversarial principle. In addition, the paper substantiates that the adversarial principle does not contradict the inquisitorial nature of the Russian criminal process as a whole.

Adversarialism in Russian criminal proceedings does not at all contradict the duty of the court to comprehensively, fully and objectively examine the circumstances of the criminal case. The confrontation between the parties here can be called a method of legal dispute, arising because the defense must, due to its social purpose, challenge the accusation (no matter how justified it may be and unless the client demands otherwise), and the prosecution must refute the arguments of the defense (unless the authorities criminal prosecution, based on their research, they are convinced of the opposite).

Since a legal dispute in Russian criminal proceedings is assumed, at least due to the position of defense predetermined by law and the procedure for judicial debate (impossible without confrontation), adversarialism as a method cannot be excluded from Russian legal proceedings.