Adversarial preliminary investigation as a way towards objective truth
Purpose: Investigation of possibility of mutual existence of adversarial principle and its very special realization on the stage of preliminary investigation with an objective truth in case of its implementation into the criminal procedure. Methodology: Formally-legal, comparative-legal and legal-modeling methods were used. Results: In the article the main thesis of above mentioned Draft Law concerning implementation of objective truth institution into the criminal procedure are highlighted: 1) the court is active in setting real facts of the case, and that follows from enlargements of court's procedure rights (replenishment of incomplete evidence base under its own initiative, enlargement of causes of return of the case back to the prosecutor, abolition of a sentence due to incompleteness and unilateralism of court investigation); 2) prosecution gets away from accusatory bias and investigate the case commits thoroughly, complete and objectively; 3) adversarial and equality principles, as well discretion of estimation of evidences, are determined by objective truth principle; the definition of «objective truth» is formulated on the basis of above mentioned Draft Law. Novelty/originality/value: Article possesses the high scientific value as is one of the first attempts to consider the ability of synthesis of two traditionally contradictory ideas - adversarial and objective truth.