Litigation: concept, functions, main stages

The judiciary in every rule of law performs the most important function - it monitors the strict implementation of laws and implements justice. The main form of the latter is the trial.

In the legal literature, litigation is understood as the backbone of the civil process, aimed at full consideration and fair settlement by the judge of the dispute on the rights of the parties.

However, it should be remembered that the term "trial" can be understood in two ways. First, from the point of view of its orientation, this process is a completely independent function of the judiciary, and secondly, the court in the proceedings of civil cases has the right and is obliged to apply all available standards to make a fair decision.

Judicial proceedings in the civil process, from the point of view of legal practice, should fulfill the task of identifying the party to the dispute, which in this situation has come under the current legislation. In addition, often a judge should explain to a citizen his rights at a particular point in time in order to eliminate the legal ambiguity in its legal sense. In this regard, the trial is absolutely accessible to every citizen, moreover, any trial the judge begins by giving the opposing parties a chance to resolve the dispute independently, without resorting to the help of a third party.

Any trial should be conducted as quickly as possible, without significant costs for both the disputing parties and for the court itself. At the same time, the judge in this process is an important function of the organizer and the master of destinies, which must strictly adhere solely to the letter of the law.

In practice, the following stages of the trial are distinguished:

1. The stage of judicial investigation, which includes the presentation of evidence by both parties, including demonstration of documents and the questioning of witnesses. This stage concludes with the possibility for the plaintiff or for the respondent to make an addition, that is, to present those evidence that were not voiced during the investigation.

2. Judicial debate: the prosecution, the injured party, the defense and the defendant are taking turns, who try to interpret the facts presented in the necessary light. After each performance, the opposite side has the opportunity to reply, that is, to explain those or other phrases of rivals.

3. The last word of each of the defendants, in which they can once again draw the judge's attention to certain aspects, including again to declare his innocence, or ask for a mitigation of the sentence, referring to certain circumstances.

4. The issuance and announcement of the verdict. The verdict may not be disclosed if the judge could not, on the basis of the facts set forth, draw up a picture of what happened. In this case, the case will be sent for additional investigation.

Thus, the trial is a complex process aimed solely at finding the truth in a legal dispute.