Zhamborov, M.S. The constitutional principle of adversarial system as the means for the reasoned substantiation of the legal positions of the parties in the Russian judicial procedure

Abstract: In accordance with Part 3 of the Art. 123 of the Constitution of the Russian Federation the judicial procedure is based on adversarial character and equality of the parties. This constitutional norm provides for the equality of all the parties to the process. It also means that claimant and respondent have equal rights in protection of their rights and lawful interests in civil process; so do the defendant and the prosecutor in the criminal trial; the entity or person, who challenges constitutionality of a normative legal act and a body, which published this act, in constitutional process; body or official having the right to apply the administrative measures and the person accused of an administrative offence in the administrative procedure. Provision for the rights and obligations of these parties in the Russian judicial procedures forms the legal basis for the conflict resolution among these parties. However, in reality implementation of rights by the parties fails to guarantee the uncovering of truth in a case, which requires the conflict resolution in the higher instance courts. Analysis of legislation, judicial practice and scientific sources allows one to make some conclusions on the contents of principles of adversarial procedure and equality among the parties, means and conditions for their implementation, powers of the court and its role in guaranteeing adversarial procedure and equality of the parties in the Russian judicial procedure, and to make some propositions for the improvement of some procedural norms.

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