Ensuring Equality of Procedural Rights of Parties in Russian​ Civil, Commercial and Administrative Proceedings

The study is devoted to the study of the principle of "equality of the parties", enshrined in Article 123 of the Constitution of the Russian Federation, which is one of the most important for the judicial system of our country, without which the normal functioning of not only the domestic legal system, but also any other in the world is impossible. According to the author, this principle, unfortunately, has not been sufficiently investigated. Today, the legal literature is dominated by the scientific interest of researchers in the principle of competition or, at most, the study of the principle of equality of the parties as part of the principle of competition. The study of the practical aspect of the implementation of the principle of equality of the parties allows us to draw a number of important conclusions necessary for its further development and evolution. It seems reasonable to conclude that issues related to the principle of equality of the parties have a number of gaps that do not allow us to get a complete picture of the essence of one of the law-forming principles of our system, as well as requiring more detailed study. The object of the study is social relations arising in connection with the implementation and operation of the principle of equality of the parties in civil, arbitration, administrative proceedings of the Russian Federation. The subject of the study is, respectively, the very effect of the principle of equality of the parties (its content and practical significance) its relation to other principles, its place and role in the system of principles of procedural legislation, as well as procedural means of implementing and ensuring this principle. The main purpose of the study is to find the optimal model of interaction between the actual and legal equality of the parties in court proceedings in order to ensure the real, not imaginary adversarial process. In addition, it is necessary to develop a full-fledged theory of a unified interpretation and the role of the principle of equality of the parties in various branches of legal proceedings, as well as solving the problems of implementing this principle in practice. The scientific novelty of the study lies in the fact that within the framework of this study, the author has made efforts to redefine and conceptualize the meaningful meaning of the principle of equality of the parties, as well as to explore this principle in conjunction with other principles operating within the framework of the civil process.