К вопросу о понятии и природе кассационных оснований в российском уголовном процессе

Abstract

The article draws attention to the differing nature of the content of the cassation grounds regulated in the Code of Criminal Procedure of the Russian Federation. Traditionally, in the science of criminal procedure law, cassation grounds are considered as violations of the requirements of the law, committed by the subjects conducting the criminal process, as well as as a judicial error. Meanwhile, according to the Criminal Procedure Code of the Russian Federation, cassation grounds in some cases are defined as violations of the requirements of the substantive law and procedural law, and in others they are presented through a description of circumstances that do not constitute an error of the law enforcement officer. It is proposed to define such circumstances as procedural and law enforcement situations, as objectively emerging facts of legal reality that arise outside the will of the subjects conducting the criminal process, and in the absence of data allowing them to predict the onset of consequences that can affect the outcome of the case.