THE PRINCIPLE OF COMPETITION AND THE PROBLEMS OF ITS IMPLEMENTATION IN PROCEDURAL LAW

Abstract

Relevance. This article will consider the most common problems in the implementation of the principle of competitiveness of the parties at the stages of preliminary investigation and judicial proceedings. Among the topical issues is the definition of the meaning of the principle of opposition as the beginning of a court case. The principle of the opposition of the parties, which includes the principles of the criminal case, affects the typology of the criminal case, the specifics of the judicial process. The content of the principle of competitiveness of the parties allows us to conclude that this beginning is manifested in the pre-sample production. However, in the pre-trial procedure, the stage at which the considered beginning is realized is also connected with a court session in which the parties participate. In this regard, it seems acceptable that the principle of inconsistency of the parties is most clearly manifested in a court case. In addition, the derived complexities regarding the participation of the parties, the position of the prosecutor in a court case, etc. are analyzed.

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