Ratio of Fainess and Competitiveness in Judicial Practice

Abstract

The article is devoted to the study of the question of the ratio of fairness and competitiveness in judicial practice. The purpose of the article is to determine the general and distinctive features of fairness and competitiveness in the legal process, to establish the relationship in judicial practice, and to identify contradictions between them. The author notes that the unity of fairness and competitiveness lies in the fact that they have the same goals and objectives, act as the basic values of law, are externally expressed in the current legislation as a principle, and also include in their content the idea of equality of participants in procedural legal relations. Attention is drawn to the differences between fairness and competitiveness in the scope of application, variability of content, etc. As a research task, the author identified an attempt to establish the interaction of fairness and competitiveness in judicial practice. The author comes to the conclusion that an adversarial process can be fair if the parties are given the same opportunities to present their position. However, in judicial practice, there are often contradictions between the existing adversarial process and justice. This is due to the availability of procedural opportunities provided by the legislator to any one party to the trial and the restriction of the rights of participants in the presentation and examination of evidence by judges.