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Title

Functions of the court at pre-trial and trial stages of criminal procedure

Author

Natalia Viktorovna Tkacheva

was born on June 28, 1972. In 2000 she graduated from the Faculty of Law of South Ural State University. In 2003 she defended her candidate’s thesis in Theory and practice of preventive measures which are not connected with deprivation of liberty. Now he is a vice-director for research, head of Criminal and Legal Disciplines Department of the Ural branch of the Russian Academy of Justice. He is the author of 85 publications. Research interests: criminal procedure of Russia and foreign countries, international protection of human rights, international cooperation in the sphere of criminal proceedings. E-mail: tanavi@list.ru.

Section

Problems and Questions of Criminal Law, Criminal Justice and Criminalistics

Abstract

Adversarial principle of equality of the participants at pre-trial and trial stages of criminal procedure is analyzed. The principle of equality as it is given in the Criminal Procedure Code of the Russian Federation doesn’t give rise to unfavourable criticism; however, adversarial principle is clearly criticized in science. The author comes to the conclusion that in modern criminal procedure there is a disbalance in observance of adversarial principle of equality of the participants at its pre-trial and trial stages. 

Keywords

adversarial principle of equality of the participants, functions of the court, procedural autonomy of a crime investigator, judiciary reform, rights of accused.

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