The Concept and Essence of the Review of Court Decisions that Have Not Entered into Legal Force in the Context of the Criminal Procedural Legislation Reform in the Russian Federation

Abstract

The article deals with the problems of appellate proceedings, their place in the general system of stages of criminal procedure, characteristic features that identify the stage of review of judgments that have not entered into legal force. The paper analyzes the problems of practical implementation of Chapter 45.1 of the Code of Criminal Procedure relating to the possibility of submitting to the court of second instance new pieces of evidence, composition of an appellate court, review of decisions made by a panel of jurors. The author provides a definition for appellate proceedings that implies an independent stage of criminal proceedings during which a court of second instance in the review procedure for the complaint brought by the parties checks legality, reasonableness and fairness of the decision made by the court of first instance during court hearings in conformity with the principles and general conditions of the trial by means of examination of evidence both available in a criminal case and submitted by the parties and makes a decision in the criminal case within the scope of its jurisdiction.