The Right of Participants in Criminal Proceedings to Appeal in the Pre-Trial Stages

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Abstract

The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.

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About the authors

Yuri V. Franciforov

Saratov State Law Academy

Author for correspondence.
Email: franciforov@mail.ru
SPIN-code: 9803-9599

Dr.Sci.(Law), Professor, Professor of the Department of Criminal Procedure

Russian Federation, Saratov

Ksenia N. Gorshkova

Saratov State Law Academy

Email: enhva.tchenel@yandex.ru
SPIN-code: 4599-2280

postgraduate student of the Department of Criminal Procedure

Russian Federation, Saratov

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