ABOUT SOME ISSUES OF PROMOTION COMPETITION AND EQUALITY OF THE PARTIES - PARTICIPANTS IN THE CRIMINAL PROCESS
The author focuses on the conceptual approaches to the development of the draft law on increasing the competitiveness and equality of the parties, strengthening the independence of the bar and strengthening the guarantee of protection of the rights of participants in criminal proceedings, developed by the Institute of Parliamentarism. It is noted that the current criminal procedure legislation does not fully allow the principle of adversarial proceedings and equal rights of the parties; it does not fully strengthen the independence of the bar and exclude the accusatory bias of the court.The reasons for this phenomenon, according to the author, are the existence of norms in the legislation that run counter to the requirements of the Constitution, since a person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force. The author also analyzes the foreign legislation as an example, according to which a suspect becomes an accused only after the appointment of a criminal case for a hearing.The article notes in detail the novelties that will also exclude the accusatory bias of the court when considering the case, on the merits.