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Law and Politics
Reference:
Danilenko, D.V.
Adversary character as an universal principle of the judicial process
// Law and Politics.
2010. № 4.
URL: https://en.nbpublish.com/library_read_article.php?id=51215
Danilenko, D.V. Adversary character as an universal principle of the judicial process
Abstract:
The principle of adversary proceedings is key to the organization and technical principles of the procedural law. Unlike other principles, it corresponds with the very nature of the procedural relation, which includes opposite material legal interests, or a dispute. Nevertheless, today adversary character is not recognized as a form of opposition of two parties in the process, but rather as a full-scaled communicative process or a dialogue between the parties and the court. Universality of this principle is due to the fact that the adversary character includes all, or at least, most key participants of the process, which brings the author to the conclusion that the adversary principle should not be limited only to the parties.
Keywords:
jurisprudence, adversary principle, right to legal counsel, civil judicial process, administrative judicial process, dispute, parties, court, specialized process, claim process, judgment by default
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