The right to appeal against judicial decisions in the system of guarantees of rights to judicial protection
Автор: Bochkovsky Anton Feliksovich
Статья в выпуске: 2 (33), 2018 года.
Purpose: Research into the problem of realization of the right to cassation appeal against judicial decisions that have entered into legal force. Methodology: Historical, legal and formally legal methods were used. Results: The article points out the imperfection of the mechanism of cassation appeal against judicial decisions provided for by article 401.8 of the Code of Criminal Procedure. The current legislation gave the Chairman of the Supreme court of the Russian Federation and his Deputy the right not to agree with the decision of the judge of the Supreme Court of the Russian Federation on refusal to transfer the appeal, representation for consideration in court session of court of cassation instance. Also the Chairman has the right to make the resolution on cancellation of such resolution and on transfer of the cassation complaint, representation with criminal case for consideration in court session of the relevant court of cassation instance. However, such a mechanism is not provided for appealing against decisions on refusal to transfer the cassation appeal of court judges at the regional level. In this regard, it is necessary to amend article 401.8 Code of Criminal Procedure. Novelty/originality/value: The relevance of the chosen topic is due to the imperfection of the mechanism of appeal which is provided by article 401.8 of the code of criminal procedure, due to the lack of regulation of this issue in the legislation.
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