On the Question of Improving the Terms and Procedure for Appealing a Number of Actions and Decisions in Criminal Proceedings

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Abstract

Observance of the right to appeal a number of actions and decisions in criminal proceedings is of paramount importance for the protection and provision of the rights and legitimate interests of participants in the criminal process. Despite the fact that the current criminal procedure legislation defines in great detail the specifics of the commission of specific actions and the adoption of decisions within the framework of investigative and judicial activities, in practice there are quite often situations that create threats of violation of the rights of various participants in criminal proceedings. The institution of appealing against actions and decisions is of great practical importance not only for participants in criminal proceedings, but also for authorized investigative and judicial bodies, since in the process of appealing their activities are improved in a qualitative way, in the part where the spread of illegal behavior occurs. The purpose of the presented study is to analyze the latest changes in the criminal procedure legislation regarding the timing and procedure for appealing a number of actions and decisions. The authors come to the conclusion that the criminal procedure legislation is one of the most dynamically developing at the present time, which is objectively due to the need to ensure the rights and legitimate interests of participants in criminal proceedings, taking into account the modern realities of organizing and administering justice and applying to public authorities. Attention is focused on the timeliness and fairness of the increase in certain terms for appealing against actions and decisions in criminal proceedings, which, on the one hand, is objectively due to the workload of the judiciary and the need to increase the time for their consideration of complaints, on the other hand, the importance of preparing appeals, which also requires much more time, than previously prescribed by law. The justification for clarifying and improving certain procedural aspects of appeal in criminal proceedings is noted.

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About the authors

Juliet M. Berova

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Author for correspondence.
Email: berova-d@yandex.ru

Dr.Sci.(Law), Associate Professor, Police Colonel, Deputy Head

Russian Federation, Nalchik

Albert Yu. Tutukov

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Email: berova-d@yandex.ru

Cand.Sci.(Law), Associate Professor, Police Colonel, Associate Professor of Law Enforcement Activities Organization Department

Russian Federation, Nalchik

References

  1. Amendments have been made to the Code of Criminal Procedure aimed at optimizing certain procedural procedures in criminal cases in the courts of first and appeal instances. URL: http://www.kremlin.ru/acts/news/70256 (date of access: 02/15/2023).
  2. Volkolupov V.G. Problems of legal regulation of the right to appeal in Russian criminal proceedings: current state and prospects for improvement // Eurasian legal journal. 2020. No. 12 (151). pp. 321-323.
  3. Herzen P.O., Trubnikova T.V. Standards for the implementation of the right to appeal and review interim decisions made at the pre-trial stage of criminal proceedings // Bulletin of the Tomsk State University. Right. 2022. No. 44. P. 38-57.
  4. Zhuk O.D. On the introduction of the institution of probation, optimization of the judicial stage of criminal proceedings by expanding the possibilities of using remote participation technologies in criminal proceedings and other criminal procedural novels // Legislation. 2023. No. 1. P. 57-62.
  5. Karzova O.A. On the question of the essence of the institute of appeal in modern criminal proceedings // Trends in the development of science and education. 2022. No. 82-4. pp. 73-76.
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  7. Determination of the Constitutional Court of the Russian Federation of January 29, 2019 No. 14-O “On the refusal to accept for consideration the complaint of a citizen Nina Vladimirovna Vasilyeva about the violation of her constitutional rights by the first part of Article 125 of the Code of Criminal Procedure of the Russian Federation”. The document has not been published. Access from ATP «ConsultantPlus».
  8. Pobedkin A.V. The procedure for appealing the actions and decisions of the prosecutor in criminal proceedings is determined by his function // Laws of Russia: experience, analysis, practice. 2022. No. 1. P. 35-39.
  9. Rudakova S.V. The defender and his right to appeal in the pre-trial stages of the criminal process // Humanitarian, socio-economic and social sciences. 2022. No. 8. P. 117-122.
  10. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 29, 2022) // Collection of Legislation of the Russian Federation. 2001. No. 52 (part I). Art. 4921.
  11. Federal Law of December 29, 2022 No. 608-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation” // Collected Legislation of the Russian Federation. 2023. No. 1 (part I). Art. 55.

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