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Authors : 1. Nataliya N. Mazina,
magistrate
court district #10, Naberezhniye Chelny, Russia
Appeal procedure in the Russian criminal procedure: collisions of the subject and limits of control
Objective: to methodologically precisely substantiate the thesis that the object and limits of activity of the court of appeal shall be either exclusively mediated by the declared interest of the parties or predestinated rule evocation - with detection of significant violations of the law.
Methods: universal dialectic method of knowledge, in accordance with which the studied phenomena are analyzed in interconnection and interdependence, and general, special and private law research methods based on it.
Results: it is proved that the appeal is the essence of the means of parties’ legal interest protection, thus the subject and scope of verification should initially be made dependent on the will of the parties. Proactive and revisionary exceeding the declared will limits by the court can be permissible only according to the rules of evocation.
Scientific novelty: for the first time in the Russian criminal procedural doctrine the problem was set of differentiation in the definition of the court's activities subject and limits depending on: “partial” appeal, aimed solely at the verification of the claims submitted by the parties, and “full” appeal, designed precisely to the new revision of all criminal case. It is substantiated that, being exclusively a remedy, an appeal should not be commonly used for reconstruction of the public law.
Practical value: the theoretical conclusions were formulated in the study, with the objective to form the optimal form of the new appeal proceedings, which can and should be used in research, legislative and practical judicial activities.
Keywords :
appeal proceedings; verification of the sentence; revision of the criminal case; revisionary beginning of the court activities
Bibliography :
1. Kovtun, N. N. Apellyatsiya, kassatsiya i nadzornoe proizvodstvo v ugolovnom protsesse: obshchie konteksty zakonodatel'nykh novell ot 29 dekabrya 2010 g. (Appeals, cassation and review proceedings in the criminal procedure: general contexts of legislative innovations of December 29, 2010), Yuridicheskaya nauka i praktika: Vestnik Nizhegorodskoi akademii MVD Rossii, 2011, No. 1(14), pp. 179–184.
2. Golovko, L. V. Novelly UPK RF: progress ili institutsional'nyi khaos? (Innovations of the Russian Criminal-Procedural Code: progress oor institutional chaos?), Apellyatsiya, kassatsiya, nadzor: novelly GPK RF, UPK RF. Pervyi opyt kriticheskogo osmysleniya. Moscow: Yurist, 2011, pp. 42–57.
Citation :
Type of article : The scientific article
