Revisited the problem of the introduction of the institute of the establishing objective truth on the case in the criminal proceedings

Introduction: the paper is devoted to the discussion on the draft law of return the procedure of the Institute of the establishment of objective truth in the code of criminal and giving the new rights to the participants of the criminal courts. The topic is caused by perceived necessity to improve the quality of work of the law-enforcement bodies and in this context is extremely important. Goal: to find out whether the revealing of objective truth is essential prerequisite for fair sentencing or whether the employment of the adversarial system is enough. Methods: the research is based on using the philosophical methods of materialism, development (historical method), universal communications, unity of dialectics, logic and the theory of knowledge, the scientific method of analysis and synthesis, the specific method of comparative law. In addition, author used formational and civilizational approaches to the study of the law. Results: the author analyzes the position of opponents and supporters of introduction the procedure of the Institute of the establishment of objective truth in the code of criminal and draws the philosophical origins of the conception of objective truth and the adversarial system. Moreover, this paper presents formational and civilizational peculiarities of formation of the Anglo-American legal system. According to the author, either the introduction of the adversarial system in the code of criminal or the elimination of the establishment of objective truth during the legal investigation is the result of entrenchment of the Anglo-American legal system in Russia, which is more similar to the Romano-Germanic legal model. According to the author, a fair judgment is impossible without revealing all the circumstances of the investigated case. Conclusion: from the author’s point of view the elimination of the establishment of objective truth during the legal investigation has a negative impact on the decisions of the law-enforcement bodies. The author states, that the legal knowledge should be motivated not just on the establishment of the objective truth, but on the absolute truth. The establishment of the absolute truth on the case should be referred to the procedural guarantees of the Russian justice.