Abstract

HUSEYN OGLU, Rauf Rustamov  and  MEHDI OGLU, Siyavush Bagirov. Equalıty of arms and balancıng between rıghts and dutıes. Universidad y Sociedad [online]. 2023, vol.15, n.5, pp. 76-84.  Epub Oct 10, 2023. ISSN 2218-3620.

The objective of this paper is to analyze the principle of "equality of arms" during criminal proceedings, focusing mainly in the legal framework of Azerbaijan. Authors indicate this institution as one of the fundamental principles of criminal justice. In the article, for the first time in Azerbaijan and possibly for many other countries which are members of the roman-german law family, the principle of equality in the procedural sense (equality of arms) is distinguished and separated from the substantive sense (equality before law and court). Considering the example of Azerbaijan, the procedural aspects of the principle of equality were discovered, and exposed of the ideologized treatment of equality in his procedural understanding at the Soviet territories. Authors underline an idea on improving of guarantees of equality and of responsibilities, including criminal, for violation of it on all stages of criminal justice. Recommendations were made considering decisions of the European Court of Human Rights on criminal proceedings. Finally, the authors underline adjoining of equality principle to all spheres of state and social activity.

Keywords : Criminal process; Justice; Equality of arms; European Court of Human Rights.

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