The fundamental law of the Russian Federation declares the equality of the rights and freedoms of its citizens, regardless of gender, religion, race, nationality, belief, or origin. The Constitution guarantees the equality of all, without exception, before the law and the principle of adversarial process of the parties in court proceedings. These postulates have been developed and continued in the procedural rules of civil and criminal proceedings.
This article will answer questions about what the principle of competitiveness and equality of all before the court is, and also what is the essence of these procedural categories.
General interpretation
Despite some differences between civil and criminal trials, the principle of adversarial and equal rights of the parties provides a unified interpretation of this legal norm and lies in the fact that the persons participating in the trial have the same opportunity to use acceptable means to defend their position in order to defend their case. The court acts as a 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 particular case.
The adversarial principle implies that the parties should use their rights in order to resolve the dispute in their favor. At the same time, the initiative of each person is presumed. Each person, independently or through his representative, must use the entire arsenal and set of actions for his defense, this can be the legal knowledge and methods themselves, the application for petition, the demand for evidence , etc.
The court in any situation should be objective and impartial and not speak on any side.
Equality in the civil process
Cases for the protection of the rights of citizens and legal entities related to personal relations, economic and economic disputes are considered in the arbitration court and the court of general jurisdiction.
Regardless of the type of dispute, the procedural codes call for the equality of arms and their competitiveness.
Concept of principle
Under the equality of the parties, the civil procedure law means the equal set of rights that the parties may have during the consideration of the case in court, namely: the plaintiff and defendant can equally participate in the examination of evidence, submit petitions, provide explanations, call witnesses, and participate in debates , demand the challenge of the composition of the court.
At the same time, persons participating in legal proceedings are not entitled to abuse the opportunities provided so as not to infringe on the rights of the other party. Endless requests for adjournment, breaks in court sessions, aimed at delaying the process, may be regarded by the court as unscrupulous, and their satisfaction may be denied. Such actions of a judge cannot mean that one side is preferred and the rights of the other are infringed. The court in any case acts exclusively as an arbitrator and an independent arbitrator.
The law states that the court cannot act in any way to make the parties discern that it puts one participant in the process in an advantageous position over another. According to this norm, a judge cannot verbally, nod, affirmatively call into question his impartiality.
Process participants are endowed with the same set of rights
Each person can apply a certain algorithm of actions: to support their arguments, to reveal evidence. Moreover, the court must conduct the process in such a way that the time allotted for the disclosure of the position is equal for the parties. Of course, you need to strictly adhere to the rules, since the set time period is allotted for the hearing, in accordance with the schedule for the consideration of cases, and the interruption of the speaker who has stepped aside from the essence of the dispute is not an understatement of his rights.
A court decision is issued only after the trial
The court cannot predetermine the outcome of the judicial duel in advance, despite the seemingly obvious facts, cannot 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 contacting the qualification collegium or the chairman of the court. If the parties have doubts about the fair resolution of the dispute, they can challenge the judge, but it is necessary to provide strong evidence of violations by the judicial staff, not confirmed without evidence, but by written facts or an audio recording.
Dispositiveness of process participants
Persons participating in the case have the right to dispose of their procedural and substantive rights themselves. They can protect their interests, actively influencing the emergence, course and termination of the civil process, in order to restore their violated rights. The principles of dispositiveness and competitiveness are considered by many authors to be fundamental in civil proceedings. They determine the mechanism of emergence, development and completion of civil affairs as a whole.
The principle of competition in civil proceedings
The legal procedure provides for the participants in the process to prove their arguments and legal position by all measures permitted by law. Since 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 collecting evidence, timely petitions submitted, and the correct assessment of the actions of the enemy.
The principle of adversarial process in a civil process provides for timely response to steps taken by a second party. The person participating in the case must be familiarized with their contents in advance. The obligation to submit written evidence not only to the court, but also to the other parties to the dispute is fundamental. Only knowing the content of the opponent’s position, you can choose a tactic that can predetermine the success of the case.
If participants have not fully exercised their rights, then they bear the risk of adverse consequences. Any claim filed must be considered within three months from the date of appeal, so it is advisable not to violate the law and not demand the satisfaction of the application for the involvement of other persons, the call of additional witnesses and the demand for evidence on the last dates before the deadline. The court, having considered such a requirement, has the right to refuse and refer precisely to the principle of adversarial and inadmissibility of abuse of procedural rights.
Using the principle of competitiveness in court does not mean turning the courtroom into a place of duel or a duel between lawyers and lawyers. Its essence is a dispute between two parties before a court. Legal proceedings are not a game, but a way to achieve legal truth, and it is necessary to understand the equality and the principle of adversarial competition in the context of legislative norms. To exercise one’s rights is required reasonably, respecting the rights of the adversary and respecting him and the court.
Criminal process: content of the adversarial principle
The Constitution of the Russian Federation in part 3 of article 123 determines that litigation is based on adversarial process and equality. Having foreseen a principle beginning, the main law of the country does not determine and does not disclose its specific content.
The principle of adversarial process consists of three prerequisites:
- separation of procedural functions;
- equal rights of the parties;
- impartiality of the court.
Each side has its own functions.
The principle of competition is characterized by the separation of procedural functions. Each side has its own authority. Meanwhile, as soon as the participants in criminal proceedings enter the proceedings, they have procedural equality, that is, the same composition of rights. Opposing parties in the criminal process are the prosecution in the person of the prosecutor, the victim, private prosecutor and civil plaintiff on the one hand and the defense in the person of the defendant, the accused with their representative, a lawyer and civil defendant on the other. Participants in criminal proceedings may equally enjoy the right to submit evidence, research them, and file applications.
Regardless of the fact that one of the parties can 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 count on the equal treatment of the presiding judge.
The court is vested with the final decision function, and they are separate from the defense and prosecution functions. 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 violated the law must respect the interests of the accused and the defendant as a person and citizen, based on the presumption of innocence.
Criminal proceedings and equality of arms
Criminal proceedings are fundamentally different from civil proceedings both in their goals aimed at finding and punishing a person who has violated the law, and in the legal status of the parties. If in both sections the rights of the parties have opposite interests, then the equality of the parties is more likely to be in civil relations than in criminal proceedings, since on the one hand there is a person who is prosecuted by law, and on the other hand, a state called to punish him by choosing a measure of punishment. The ratio of possibilities is very conditional: in one case, a person, and in another - a whole apparatus in the form of bodies of inquiry, investigation, prosecutors.
The right to defense, qualified legal assistance to the accused or defendant is a guarantee of the observance of his rights and the achievement of equality of arms, since the prosecution is presented by professional law enforcement officers with appropriate education. In cases where a person cannot, for certain reasons, hire a lawyer, they are required to provide a free defense counsel.
Another component of equality of arms is the principle of the presumption of innocence. This concept includes a whole set of legal norms, the meaning of which is that until the guilt of the accused or the defendant is proved in the manner prescribed by law, and this guilt is not confirmed by the verdict, each person is presumed innocent.
Based on the provisions of this rule, the court is obliged to verify the arguments of the prosecution and give them a proper assessment. Not a single person in relation to whom a criminal case has been instituted should prove his innocence, on the contrary, this is the task of the investigating and inquiry bodies. All evidence must be obtained legally. If they are obtained through violence or threats, the prosecution cannot invoke them. And, finally, one of the main postulates: all doubts about guilt should be interpreted in favor of the accused.
Impartiality of the court
A category without which the implementation of the principle of competition is impossible. The composition of the court must ensure an impartial and fair consideration of the criminal case, all actions of the court should be aimed at an independent assessment of the evidence submitted by the parties. If the prosecutor does not support the prosecution, the court cannot, on its own initiative, continue the trial.
Conclusion
The unshakable observance of the legal norms established by federal laws and the Constitution of our country on issues of equality and competitiveness in court will help to avoid legal errors and entail a fair and lawful decision. The principle of adversarial, dispositive and equal rights of the parties is the fundamental beginning of the trial.