Administering justice includes settling and deciding cases by authorized judicial authorities under the provision of law. One of the crucial elements of administering justice in a democratic country of law is the situation where the state takes from the directly concerned entities the responsibility of obeying in the society the behaviour norms accepted by it. The purpose of this article is to demonstrate how to get an aim of civil procedure – using judge's activity or depending on party autonomy and activity in protection of its rights. That is a question about rules of civil proceedings – the models of civil proceedings, the rule of truth – the rule of flexibility – contradictory procedure; securing of private interest or public interest; separating the fact from the law; what ensures extensive settlement of a case – a court activity or the parties initiative and concern. The issue of 'active judge' or 'impartial – heartless judge' an arbitrator of 'free dispute of the parties' relates to the essence of the procedural relation whether the duty to 'examine a case' extensively results form relations between a court and parties (plaintiff and defendant) and what objectives and functions are carried out by civil proceedings – only private or also public interest. Author states by all means the transparency of legal constructions and providing the com fort work of a court may not cover the protection of “weaker” party interest – providing actual 'parties equality' in proceedings.