Challenges in implementing the principle of adversarial proceedings in the court of first instance

the aim of this study is to analyze the pressing issues surrounding the implementation of the principle of adversarial proceedings in courts of first instance within the framework of Russian criminal procedure. The objectives of the research include examining the current legislation governing the process of evidence examination and evaluation, identifying gaps and inconsistencies in legal regulation, and developing proposals for improving legislation and law enforcement practices. The practical significance of this research lies in the fact that the proposed legislative amendments and recommendations can be utilized to enhance the provisions of the Russian Criminal Procedure Code (CPC), strengthen the guarantees of participants' rights, and ensure the fairness of judicial decisions. The study will be of value to lawmakers, legal practitioners, attorneys, and judges, as well as serve as a resource in the development of methodological guidelines and the education of law students. This work focuses on analyzing the challenges of implementing the principle of adversarial proceedings in courts of first instance, as enshrined in Article 15 of the Criminal Procedure Code of the Russian Federation. The principle of adversariality serves as one of the key guarantees of a fair trial, yet its practical application faces several obstacles. Issues such as the possibility of adjudicating a case without the defendant’s participation, restricted access to case materials, difficulties in examining the testimony of victims and witnesses, the inequality of resources between the parties, and the repeated involvement of judges in the consideration of cases are addressed. The author proposes solutions to these issues, including legislative improvements, ensuring equal access to evidence for both parties, creating mechanisms for independent expert examinations, strengthening the system of state legal assistance, and implementing modern technologies to enhance transparency and efficiency in judicial proceedings. Particular attention is given to analyzing international standards and the experiences of foreign legal systems, allowing the identification of best practices for adaptation into domestic legislation. The study is aimed at developing a comprehensive approach to ensuring the implementation of the principle of adversariality, which is a critical condition for achieving justice, protecting the rights of the parties involved, and building trust in the judicial system. The necessity of combining normative reforms with the improvement of law enforcement practices is emphasized.

criminal procedural law, court of first instance, principle of adversarial proceedings, process of proof, examination and evaluation of evidence