Abstract
An adversarial nature of any trial, characteristic of justice and corresponding to its nature, is manifested in criminal proceedings not only in criminal cases, but also in cases addressing issues related to the execution of the sentence. The paper examines the peculiarities of the adversarial construction of judicial proceedings at the stage of execution of the sentence pre-conditioned by the tasks and the specific subject of judicial proceedings in a particular category of cases. The author elucidates the specifics of the conflict relationship, the essence of the legal dispute and the subject composition of procedural parties in cases where issues related to the execution of punishment are resolved. Also, the author analyzes the problems of ensuring equality of the parties and the undefined role of the prosecutor at the execution stage, suggests ways to address them at the legislative level. Finally, it is concluded that there is a need to improve the procedural form of dealing with issues related to the execution of sentences in accordance with the principles of adversarial proceedings and equality and taking into account the peculiarities of their manifestations in judicial proceedings arising during the execution of the sentence.
Highlights
Согласно ч. 2 ст. 123 Конституции РФ правосудие в Российской Федерации во всех его видах осуществляется на основе состязательности и равноправия сторон
An adversarial nature of any trial, characteristic of justice and corresponding to its nature, is manifested in criminal proceedings in criminal cases, and in cases addressing issues related to the execution of the sentence
The paper examines the peculiarities of the adversarial construction of judicial proceedings at the stage of execution of the sentence pre-conditioned by the tasks and the specific subject of judicial proceedings in a particular category of cases
Summary
Согласно ч. 2 ст. 123 Конституции РФ правосудие в Российской Федерации во всех его видах осуществляется на основе состязательности и равноправия сторон. Problematic Issues of Adversarial Construction of Judicial Proceedings at the Stage of Execution of the Sentence
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