Legal Regulation of the Adversarial Principle in Criminal Proceedings and Mechanisms for its Implementation

Abstract

This study is dedicated to the legal regulation of the adversarial principle in criminal proceedings and examines its theoretical and practical aspects. The main objective of the research is to analyze the place of the adversarial principle in the criminal justice system, its implementation mechanisms, and legal foundations. This topic is relevant and significant for ensuring fair judicial proceedings in criminal cases and strengthening the protection of human rights. The study comprehensively examines the reflection of the adversarial principle in legislation, its application in judicial practice, and existing problems. The research employs such scientific methods as comparative legal analysis, synthesis, induction, and deduction. The results show that for the effective functioning of the adversarial principle, it is necessary to ensure equality of the parties, objective assessment of evidence, and independence of judicial bodies. Reforms in the judicial and legal system, including enhancing the independence of the legal profession, democratizing the activities of prosecution and investigation bodies, contribute to the effective application of the adversarial principle. The research findings can be used in developing measures to further improve judicial and legal reforms, strengthen the role of lawyers in criminal proceedings, and fully implement the adversarial principle. In conclusion, it should be noted that to ensure the effective functioning of the adversarial principle, one of the important tasks is the correct practical application of current legislation and strengthening the independence of judicial bodies.