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The Role of the Court in Adversarial Civil Procedure

Student: Vladislav Tsipov

Supervisor: Nadezhda D. Zheleznova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The principle of competition is one of the fundamental principles of civil procedural law. It determines the possibilities and obligations of the parties to prove the stated claims and objections while defending their legal position. The named principle is based on the conflicting material and legal interests of the parties, and with its implementation the most favorable conditions are created for clarifying all circumstances that are essential for the case and making an informed decision. Some authors insist on the constitutional name of this principle as the “principle of administering justice on the basis of adversarial and equal rights of the parties” (part 3 of article 123 of the Constitution of the Russian Federation), meanwhile, in the educational literature and scientific works, this principle is referred to as the principle of adversariness. However, regardless of the name, the presence of adversarial principles in modern civil proceedings is recognized by all scholars and practitioners who somehow affect the problems of consideration and resolution of civil cases by the court of first and subsequent instances. The current civil procedural legislation, in our opinion, does not fully comply with the modern level of development of society, changes that occur in other branches of legislation, and do not adequately protect the rights and legitimate interests of citizens and organizations. This is fully manifested in the problem of determining the role of the court in adversarial civil proceedings. The role of the court in the modern civil process cannot be reduced to fulfilling the role of an observer. It is impossible to completely exempt the court from the search for evidence, to limit it to the investigation of the case and the discovery of truth. The Court, in our view, is an active party to the civil process. Without determining the role of the court in civil proceedings, it is impossible to build an effective civil justice system that meets modern realities.

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