The role of adversariality in modern criminal proceedings in the Russian Federation

The study deals with adversariality that is one of the most controversial categories in the criminal procedure law of the Russian Federation, which explains the importance of its consideration. To identify the true procedural nature of adversariality and the scope of its implementation, it is necessary to define its role in the modern criminal procedure regulation system. The author tries to specify whether adversarial practices really comply with their normative wording in the Criminal Procedure Code of the Russian Federation. The study reveals that legal scientists have opposing views on the procedural status of adversariality, in particular its compliance with the characteristics of an independent branch-wide principle. There is a debate about the implementation of the adversarial principle at the pre-trial stages of Russian criminal proceedings. In the author’s opinion, the current case law proves that this principle applies only to trial stages. Considering the Constitution of the Russian Federation and the stance of the RF Supreme Court on the issue under review, it is reasonable to change the status and, accordingly, the role of adversariality from the branch-wide principle to the general condition of the trial in the structure of the Criminal Procedure Code of the Russian Federation.