The principle of competitiveness. Principle of procedural equality of parties

The basic law of the Russian Federation declares equality of rights and freedoms of its citizens regardless of gender, religion, race, nationality, convictions and origin. The Constitution guarantees the equality of all without exception before the law and the principle of adversarial proceedings in the proceedings. These postulates have found their development and continuation in the procedural norms of civil and criminal justice.

This article will answer questions about what is the principle of competitiveness and equality of all before the court, and also what is the essence of these procedural categories.

General interpretation

Despite some differences between civil and criminal processes, the principle of adversarial and equal rights of the parties provides for a unified interpretation of this legal rule and consists in the fact that the persons participating in the trial have the same opportunities to use the acceptable means to defend their position in order to defend their case. The court is the body that is obliged to monitor compliance with the proclaimed principle, is obliged to ensure equal conditions for the parties in the administration of justice and is called upon to establish the truth in each concrete case.

The principle of competitiveness presupposes that the parties must use their rights in order to resolve the dispute in their favor. The initiative of each person is presumed at the same time. Each person, independently or through his representative, must apply the whole arsenal and set of actions for his defense, this can be the legal knowledge and methods, application of petitions, requisition of evidence and so on.

The court in any situation should be objective and impartial and not act on anyone's side.

Equality in the civil process

Cases to protect the rights of citizens and legal entities related to personal relationships, economic and economic disputes are considered in the arbitration and the court of general jurisdiction.

Regardless of the type of dispute, the procedural codes call for respect for the equality of the parties and their competitiveness.

Concept of the principle

By equality of the parties, the civil procedure legislation understands an equal set of rights that the parties can have during the proceedings in the court, namely: both the plaintiff and the defendant can equally participate in the study of evidence, make petitions, give explanations, call witnesses, participate in the debate , To demand the withdrawal of the composition of the court.

At the same time, persons participating in court proceedings are not entitled to abuse the given opportunities, so as not to infringe on the rights of the other party. Infinite petitions for adjournment, breaks in court sessions aimed at delaying the process, can be judged by the court as unfair, and their satisfaction can be denied. Such a judge's actions can not mean that a preference is given to one side and the rights of another are infringed. The court in any case acts solely as an arbitrator and an independent arbitrator.

Legislation states that a court can not act in any way, so that the parties can see that it places one participant in the process in a privileged position over the other. In accordance with this norm, a judge can not cast doubt on his impartiality by verbal expressions, nods, and affirmative statements.

Participants in the process have the same set of rights

Each person can apply a certain algorithm of actions: to speak in support of his arguments, to disclose evidence. In this case, the court must conduct the process in such a way that the time allotted for the disclosure of the position was the same for the parties. Of course, it is necessary to strictly adhere to the regulations, since the court session is allocated a set period of time, in accordance with the schedule of cases, and the interruption of the speaker, who has moved away from the nature of the dispute, is not a derogation of his rights.

The judgment is rendered only after the proceedings

The court can not pre-determine the outcome of a judicial duel in advance, despite the seemingly obvious facts, can not independently apply certain legal norms, for example, to skip the statute of limitations if the participants did not state this. Any actions of a judge that go beyond ethics and law can be appealed by the parties by applying to the qualification board or to the chairman of the court. If the parties have any doubts as to the fair resolution of the dispute, they can challenge the judge, but at the same time, it is necessary to provide strong evidence of violations by the judicial staff, which are confirmed not in an unfounded manner, but in written facts or audio recordings.

Dispositiveness of process participants

Persons participating in the case have the right to dispose of their procedural and material rights. They can protect their interests, actively influencing the occurrence, flow and termination of the civil process, with the aim of restoring their violated rights. The principles of discretion and competitiveness are considered by many authors as fundamental in civil legal proceedings. They determine the mechanism for the emergence, development and termination of civil affairs in general.

The principle of competition in the civil process

In the proceedings it is provided for the participants to prove their arguments and legal position with all the measures permitted by law. As the court places the burden of proof on the parties, the outcome of the case also depends on the correctly chosen method of defense, the activity of the participants in the collection of evidence, the timely submitted applications, the correct evaluation of the enemy's actions.

The principle of competition in the civil process provides for timely response to the steps taken by the second party. The person participating in the case must be informed in advance of their content. The duty to submit written evidence not only to the court, but also to other parties to the dispute is fundamental. Only knowing the content of the opponent's position, you can choose a tactic capable of prejudging the success of the case.

If participants did not fully exercise their rights, then they bear the risk of adverse consequences. Any claimed claim must be considered within three months from the date of the appeal, therefore it is advisable not to violate the law and not to demand the satisfaction of the application for the involvement of other persons, the calling of additional witnesses and the demanding of evidence in the last dates before the expiry of the term. The court, having considered such a claim, has the right to refuse and refer specifically to the principle of adversarialism and the inadmissibility of abuse of procedural rights.

To use the principle of adversarial proceedings in court does not mean to turn the courtroom into a duel or a duel between lawyers and lawyers. Its essence is a dispute between the two parties before the court. Judicial proceedings are not a game, but a way to achieve legal truth, and to understand equality and the principle of competitiveness of the parties is necessary in the context of legislative norms. To exercise their rights is required reasonably, with respect for the rights of the enemy and respecting him and the court.

The criminal trial: the content of the adversarial principle

The Constitution of the Russian Federation in part 3 of Art. 123 determines that the trial process is built on adversariality and equality. Given the principle principle, the main law of the country does not define and does not disclose its specific content.

The principle of adversarial process consists of three mandatory conditions:

• Separation of procedural functions;
• Equality of the parties;
• Impartiality of the court.

Each side has its own functions

The principle of competition is characterized by a separation of procedural functions. Each side has its own powers. Meanwhile, as soon as participants in criminal proceedings enter the process of proceedings, they have procedural equality, that is, the same composition of rights. Opposing parties in the criminal proceedings are the prosecution in the person of the prosecutor, the victim, the private prosecutor and the civil plaintiff on the one hand, and the defense party in the person of the defendant, accused of their representative, lawyer and civil defendant on the other. Participants in criminal proceedings can equally enjoy the right to present evidence, study them, file petitions.

Regardless of the fact that one of the parties may be punished, and the other has a certain power set of privileges, consisting in the accusatory bias of the requirements designed to punish the offender, both can expect equal treatment from the presiding judge.

The court is endowed with the function of making a final decision, and they are separated from the functions of defense and prosecution. The court must create procedural conditions so that the parties can equally enjoy their procedural rights. Persons on behalf of the state participating in the prosecution of a person who has transgressed the law must respect the interests of the accused and the defendant as a person and citizen, based on the presumption of innocence.

The Criminal Process and Equality of the Parties

Criminal justice is fundamentally different from civil as for its purposes aimed at finding and punishing a person who violated the law, and on the legal status of the parties. If in both cases, the parties have the opposite interests, the equality of the parties is more characteristic of civil relations than of the criminal process, since on the one hand is the person who is persecuted by law, and on the other hand, the state called upon to punish him By choosing the penalty. The ratio of opportunities is very conditional: in one case, the person, and in the other - the whole apparatus in the form of the bodies of inquiry, investigation, prosecutor's office.

The right to defense, qualified legal assistance to the accused or to the defendant is a guarantee of observance of his rights and achievement of equality of parties, since the accusation is presented by professional law enforcement officers with appropriate education. In cases where a person can not hire a lawyer due to certain reasons, he must be provided with a free defender.

Another component of equality of parties is the principle of presumption of innocence. This concept includes a whole set of legal norms, the meaning of which is that while the guilt of the accused or the defendant is not proved in the order established by law, and this guilt is not confirmed by a verdict, each person is considered innocent.

Proceeding from the provision of this rule, the court is obliged to check the prosecution's arguments and give them a proper assessment. No person, against whom a criminal case has been initiated, should not prove his innocence, on the contrary, this is the task of the investigative and investigative authorities. All evidence must be obtained legally. If they are obtained through violence or threats, then the prosecution can not refer to them. And, finally, one of the main postulates: all doubts about guilt should be interpreted in favor of the accused.

The impartiality of the court

Category, without which the implementation of the principle of adversariality is impossible. The composition of the court must ensure an impartial and fair consideration of the criminal case, all court actions should be directed to an independent evaluation of the evidence submitted by the parties. If the prosecutor does not support the prosecution, the court can not, on its own initiative, continue the trial.

Conclusion

Strong observance of the legal norms established by federal laws and the Constitution of our country on issues of equality and adversarial proceedings in court will help avoid legal errors and result in a fair and lawful decision. The principle of adversariality, dispositiveness and equality of the parties is the fundamental principle of the trial.