Prospects for the development and improvement of appeals appeal and protest judgments in criminal procedure of Belarus and the Russian Federation

Автор: Zorin Roman Georgiyevich, Krivel Victoria Vladimirovna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 6 (13), 2014 года.

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Purpose: Analysis of the legal framework governing appellate review and challenge court decisions in criminal proceedings. Methodology: Used a comparative legal and method of analysis. Results: On the basis of analysis of the current criminal procedural legislation of the Republic of Belarus and the Russian Federation and the prospects for development of improved elements of appeal and protest. It is the gradual introduction of appeal and protest court decisions in criminal proceedings the Republic of Belarus will contribute to establishing additional guarantees the rights and freedoms of man and citizen, the efficiency of the judicial authorities. For effective implementation of appeal and protest necessary in the Criminal Procedure Code of the Republic of Belarus to define the subject and scope of appeal of the criminal case, and the procedure for appealing decisions of appeal have not entered into force, procedural form and content of the document, which should be vested with the decision of Court of Appeal, the persons who have the right of appeal and protest. The Criminal Procedure Code of the Russian Federation must enter changes aimed at broadening the appeal board in the criminal proceedings, also define a circle having the right of appeal and protest, to ensure mandatory participation acquitted, convicted or the person against whom a criminal case dismissed on appeal. Novelty/originality/value: The paper has high practical importance, since it contains the analysis of the historical implementation and operation of the appellate proceedings, its theoretical and legal characteristics, scientific views of scientists study author generalizations and conclusions that can be applied in practice. Scientific novelty predetermined by the fact that the appellate appeal and protest in Belarus has not yet received its legal regulation in the field of criminal justice. The ways of reforming the current in the Republic of Belarus and the Russian Federation on appeal and protest have not entered into force of the verdict.

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Короткий адрес: https://sciup.org/14027758

IDR: 14027758

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