Proceeding Activity of the Court: Arguments for and Against. About the Search for Balance
( Pp. 365-369)

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.

Akkaeva H.A., Dzhuletta M.B., (2022), PROCEEDING ACTIVITY OF THE COURT: ARGUMENTS FOR AND AGAINST. ABOUT THE SEARCH FOR BALANCE. Gaps in Russian Legislation, 5 => 365-369.

Ananyin D.M. Procedural activity of the court in countering the abuse of procedural rights // Electronic supplement to the Russian legal journal. 2019. No. 4. S. 87-91.
Andryushchenko T. I. The court is obliged to prove the circumstances in a criminal case // Gaps in Russian legislation. 2010. No. 4. S. 241-244.
Lazarev S.V. The principle of judicial leadership: history and modernity // Principles of civil, arbitration and administrative proceedings: problems of theory and practice: a collection of scientific articles. Comp. and ed. L.V. Voitovich. St. Petersburg, 2021, pp. 31-48.
Merzekhanov S.F. The principle of procedural activity of the court in administrative proceedings // North Caucasian Legal Bulletin. 2021. No. 2. S. 135-139.
Review of certain issues of judicial practice related to the adoption by the courts of measures to counter illegal financial transactions (approved by the Presidium of the Supreme Court of the Russian Federation on 07/08/2020) // Bulletin of the Supreme Court of the Russian Federation. 2020. No. 12.
Ovchinnikova E.A. Criminal procedural competence of the court, judges: results of historical and legal research // Socio-political sciences. 2019. No. 6. P. 102-108.
Potapenko E.G. Limitation of the activity of the court when changing the legal qualification of the dispute and (or) the method of protecting the right // Russian judge. 2021. No. 11. P. 14 - 18.
Chechuevsky N.V. The axiological role of the court in criminal proceedings // Gaps in Russian legislation. 2019. No. 3. S. 181-184.
Chistilina D.O. The principle of competitiveness and the activity of the presiding judge in court with the participation of jurors: problems of theory and practice // Bulletin of the South-Western State University. series: history and law. 2019. V. 9. No. 4. S. 72-81.
Shinkaruk V. M., Perekrestov V. N. The role of the court in establishing objective truth in criminal cases in the light of the constitutional principle of competition // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2018. №2. pp. 195-201.

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