The rule of immediacy in fair criminal proceedings

The author’s understanding of the order of immediacy, ensuring the adversarial and fair trial, the formation of the judge’s inner conviction, the ECHR’s distinctive understanding of the content of the adversary, the court’s right to collect evidence, is presented. The author's understanding of the order of immediacy, which plays an important role in the cognitive activities of the court, ensuring the adversarial nature of the proceedings and such a necessary procedural requirement as the fairness of the proceedings. The CPC does not regulate this concept. The ECHR interprets the notion of competition differently. There is a need to review and adjust the domestic understanding of this principle. The position of the domestic scientists regarding the powers of the court to participate in the evidence at the stage of court proceedings is not uniform. It is justified that the court should be an active participant in the process of knowing the circumstances of the crime committed and should be given sufficient procedural powers for this purpose. Only strict adherence to the rule of immediacy can ensure a fair trial and a lawful, reasoned and fair decision.