Affiliation: Affiliated assistant of the Faculty of law of Caucasus International University, Doctor of law, Lawyer

Abstract: The analysis shows that the existing regulation of the issues discussed herein cannot be regarded as complete. Despite the fact that international experience varies and different approaches may not be all a matter of reconciliation, it is possible to expand the scope of the power of a judge, in order to protect the right to a fair trial, as one of the fundamental principle of law.