Law Journal of the National Academy of Internal Affairs

The relevance of the topic lay in the need to ensure a fair trial in criminal cases, which is a fundamental guarantee of human rights and justice. The study focused on the general conditions governing criminal proceedings, which ensure the proper participation of the parties in the proceedings and the observance of the procedural rights. To achieve this aim, an analysis was conducted of legislative provisions, the case law of the European Court of Human Rights, and the judicial practice of the Republic of Moldova. The main conditions for ensuring the participation of the parties in the judicial process were examined, in particular the equality of the parties, the principle of adversarial proceedings, and the right to defence. It was found that failure to meet these conditions may lead to a breach of the principles of fair trial and affect the outcome of the proceedings. It was established that it was important to comply with the requirements regarding the proper summons of participants in the proceedings, ensuring equal opportunities to present evidence and participate in its examination. The role of the court in ensuring the fairness of the proceedings was also analysed, particularly in the context of maintaining a balance between the prosecution and the defence. It was found that the judge’s active participation in maintaining adversarial proceedings and assisting the parties during the process is essential to ensuring that the rights of each party are upheld. Furthermore, it was established that failure to comply with procedural rules, such as the proper notification of parties to the proceedings, can have serious consequences for the fairness of the proceedings, including the annulment of court decisions. It was concluded that failure to comply with these conditions could result in serious violations of the rights of the parties to the proceedings, requiring the court’s intervention to ensure a balance of the parties’ rights and obligations. The practical value of the work lay in the fact that its findings could be used by judges, solicitors and legal practitioners to improve law enforcement practice and ensure appropriate conditions for criminal proceedings, in accordance with international human rights standards