
Evolution of the adversary (on the example of criminal proceedings)
Author(s) -
S.A. Petrakova
Publication year - 2019
Publication title -
vestnik instituta
Language(s) - English
Resource type - Journals
ISSN - 2076-4162
DOI - 10.46741/2076-4162-2019-13-2-222-228
Subject(s) - adversarial system , adversary , law , plaintiff , political science , torture , economic justice , democracy , state (computer science) , order (exchange) , sociology , human rights , computer security , computer science , politics , business , finance , algorithm
Adversary in juridical science cannot be considered separately from the judicial system, because the changes that took place in the judicial process had an irreversible impact on the evolution of adversarial proceedings. This provision is proved in legal practice. The evolution of competition in criminal proceedings is investigated in chronological order, in historical retrospect. At the beginning of statehood when democratic principles prevailed in society, trials were based on adversarial principles, the court played the role of an impartial arbitrator, and the outcome of the case was determined by the evidence collected by the plaintiffs and defendants. In the process of strengthening of the state, the court has become an active subject of judicial investigations and by the end of the XVII century the state displaces the adversary system of trial, replacing it to prove the guilt of the accused of the results of the investigation: torture, interrogations, etc. Only in the second half of the XIX century in the proceedings returned adversary, but not for long. During the soviet period previous achievements in the field of justice were eradicated. The restoration of adversarial proceedings in legislation and judicial practice began in the early 1990s in the process of judicial reform, which was carried out in order to improve the efficiency of judicial proceedings. At present it is safe to say that the potential of the adversarial principle has not yet been sufficiently disclosed.