The adversarial principle in administrative procedures: concept and features

Abstract

The adversarial principle, together with other principles of judicial procedure, has made justice an effective and popular means for restoring the rights of private entities. However, adversarial principle is important not only in terms of resolving the complaint but also as a means to reach a solution. The adversarial principle is primarily an exchange of legal positions, not a presentation to an independent body. The extent of influence of opinion of a private person on the final decision is evaluated by judicial authorities. However, this principle is not absolute; it can be limited if there is, for example, urgency (exception) or public order issues are raised. In this connection, the perception of such an approach may have a positive impact on the level of protection of individuals in Russia.