CONCEPT AND ESSENCE OF THE CRIMINAL PROCEDURAL FUNCTIONS IN CRIMINAL TRIAL OF GREAT BRITAIN AND U.S.

Abstract

Controversial problem of the concept and essence of the criminal procedural
functions is studied in the article. The experience in the UK and the U.S. is notified, as
the legal system of these countries being the Anglo-Saxon legal system differs from the
system in Russia. As for England, Wales and the USA characteristic feature is the adversarial
principle, which manifests itself through the adoption of a fair decision in a
criminal case in terms of impartiality, respect for the rights and freedoms of man and
citizen. The conclusion is made that in accordance with the principles of criminal justice
in these countries independence of the parties in collection, investigation and presenting
evidence, the passivity of the court, which acts a neutral arbitrator and directs
the parties in accordance with the procedure established by law, are assumed; i.e.
there is a fixed separation of functions between the parties, that are able to collect,
investigate and present evidence and the court, which is able to make decisions on the
basis of the proceedings between the parties.