ON THE ISSUE OF JUDICIAL DISCRETION, PROOF AND ADVERSARIAL NATURE OF THE PARTIES IN CIVIL PROCEEDINGS
Background: the publication deals with the implementation of judicial discretion in civil proceedings based on the adversary character of the process and equality of the parties. The author does not set the task of using arguments in favor of limiting the independence of judges, while discovering that the exercise of judicial discretion significantly limits the contentiousness of the parties and needs to be legally restricted. Objective: substantiation of the need for legislative restrictions on the scope of judicial discretion in order to develop the competitiveness of the parties, reduce social tension and combat corruption. Methodology: comparative legal and formal legal analysis of the norms of the current civil procedural legislation of the Russian Federation. Results: specific proposals were made to improve the current civil procedural legislation. Conclusions: the rules of civil procedure law, provid ing for the possibility of judicial discretion in the process of proof, significantly limit the implementation of the competitiveness of the parties and need to be changed.