ИНИЦИИРОВАНИЕ АПЕЛЛЯЦИОННОГО ОБЖАЛОВАНИЯ В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ

Abstract

The article examines one of the controversial issues in law enforcement practice, the issue of initiating the appeal procedure by the appellate court as a whole, as well as the impact of this appeal process on changing the scope of the rights of the convicted person. The author comes to the conclusion that any appeal review is initiated by the parties, and only when the relevant appeal requirements are met, the mechanism of appeal proceedings is launched, in which the public principle is manifested in such procedural guarantees as ensuring the right to defense, the right to appeal and the ban on worsening the situation of the convicted person. The author has developed theoretical provisions and given recommendations of a law enforcement nature, aimed at clarifying the procedure for initiating the appeal process, and proposes his own approach to understanding the appeal mechanism using the example of a comparative analysis of existing criminal procedural rules in various states.