Abstract

The article analyses the collateral estoppel in criminal proceedings as established by the Decision of the Constitutional Court of the Russian Federation of 21 December 2011 No. 30-P. The author shows that an attempt to interpret the conclusions of the Constitutional Court makes obvious their uncertainty, which is equally shown by judicial practice, which experiences significant difficulties in applying the position of the Constitutional Court. A possible way out of this situation may be to abandon the development of a general rule for collateral estoppel and to establish different limits for collateral estoppel depending on the category of criminal cases.

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