The Role of the Court in Ensuring the Adversarial Principle and Equality of the Parties in Criminal Proceeding

In light of these issues, it is fair to conclude that the adversarial principle and equality exist only at trial. Thus, some elements of adversary and equality exist at the preliminary investigation, in particular, within judicial supervision. Moreover, overwhelming majority is even more explicit in highlighting the insufficiency of evidence-gathering resources for advocates. Frequently, Prosecution will gather only incriminating information and evidence, groundless refusing to apply advocate’s pleading. Сonsequently, there is an idea of implementing the deposition of evidence by the investigative judge to support the evidentiary safeguards. Meanwhile, the authorities of the trial judge should be implement into preliminary investigation mutatis mutandis. It means, that investigative judge should only deposit the evidence without a comprehensive evaluation of it. By conducting focused research, it should be concluded, the Court is the ultimate arbiter in adversarial process. The judge is bound by the considerations of the parties in respect of that particular case and can not exercise the indictment ex officio. Nevertheless, the Court shouldn’t be passive scribe at adversarial process, it can gather the evidences in the procedural framework established by law.