THE ADVERSARIAL NATURE AND EQUALITY OF THE PARTIES: JUDICIAL PRACTICE IN CIVIL CASES

Abstract

This article expresses an opinion on topical procedural issues of protecting the interests of the defendant in civil litigation. It deals with the issues of objection and counterclaim as procedural means of protecting the rights and interests of the defendant, their similarities and differences, the role of these institutions in judicial practice and controversial aspects in scientific research. Opinions on contestation and equality of the parties, parties in the conduct of civil litigation, and proposals related to this issue are highlighted. Also, as equal rights and opportunities are granted to the parties, opinions were expressed on the procedural opportunities provided to the defendant in relation to the issuance of a default judgment, the procedure for appealing a court order, and the termination of the consequences of securing a claim. The article presents a comparative analysis of procedural institutions representing equality and the opposite side, according to which the plaintiff and the defendant are given equal rights and opportunities, and the relationship and features of the initial claim and the counterclaim are revealed. In addition, the procedural and legal status of the prosecutor, representative (lawyer), expert, witness, etc., participating in the case on an equal level with the parties, important aspects of their equality and appeal in the process of proof have been studied. At the same time, within the framework of the Development Strategy, the article presents proposals on specific procedural mechanisms for implementing the principles of real equality and appealing to the parties in a lawsuit.