FEATURES OF THE NATURE OF THE ADVERSARIAL PRINCIPLE IN THE RUSSIAN JUSTICE

Abstract

The article discusses various approaches to the disclosure of the content of the concept of competition. It is concluded that the traditional Russian and, above all, Soviet understanding of the principle of competition differs from the classical Roman principle of competition. The principle of competition, enshrined in the criminal procedure law of Russia, includes, in addition to the traditional element-the parties having the right to be heard, also an active court, which must ensure equal conditions for the parties in the course of justice, must comprehend the truth and at the same time remain an independent and neutral arbitrator. Such an approach is acceptable, it fits into the legal consciousness of the law enforcement officer, but under one condition, if the implementation of such a model of justice, the goal of the criminal process is achieved-respect for human rights and freedoms. However, the constantly changing criminal procedure legislation indicates that the current system does not allow to fully implement in practice the ideas that are enshrined in the law. This means that the principle of competition, its content can still be and perhaps should be revised, focusing not only on the traditions of our legal system, but also on European traditions.