Proceeding Activity of the Court: Arguments for and Against. About the Search for Balance

Currently, one of the most common ways to protect human rights is to apply to the judiciary. Despite the fact that the powers of the above-mentioned bodies are determined in detail by the current legislation, in the process of their functioning there are still a number of debatable issues, one of which is the admissibility of the activity of the court. On the one hand, the function of justice is to make a lawful, fair and reasonable decision on the case, which predetermines the uniqueness of the legal position of the court in the course of the proceedings. On the other hand, the powers of the judiciary cannot be fully exercised without procedural assistance to the participants in the process. The purpose of the presented study is to analyze the possibilities of the procedural activity of the courts in the Russian Federation. The author comes to the conclusion that the Russian legislator does not define in detail the possibility of active procedural behavior of the court, but does not deny it, as evidenced by the consideration of the principle of adversarial and equal rights of the parties to administrative proceedings with the active role of the court. Attention is focused on the need to unify existing approaches to determining the activity of the court in the current procedural legislation (CPC of the Russian Federation, APC of the Russian Federation, CAS of the Russian Federation, Code of Criminal Procedure of the Russian Federation). The legal model formulated in the CAS of the Russian Federation is determined as the most acceptable, taking into account further detailing of the activity of the court in its powers. The expediency of determining the limits of such activity and their legislative consolidation is noted.

procedural activity of the court, initiative of the court, principles of legal proceedings, principle of competition and equality of the parties, procedural legislation