A Private Ruling (Resolution) Addressed to a Lower Court: Issues of Theory and Practice

Abstract

The grounds for the issuance of a private ruling (resolution) by the court are not clearly regulated in the Criminal procedure law, which often leads to their unjustified pronouncements and cancellations by courts of higher instances. The purpose of the article is to specify the grounds for the issuance of private court rulings. The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formally legal, historical-legal, comparative-legal, concretesociological). Research results and conclusions. A private court ruling must meet the requirements of legality, reasonableness and motivation. A private ruling against a lower court may be issued if it has committed such violations of the law that have restricted the rights of participants in criminal proceedings, violated the procedure of judicial proceedings and could affect the issuance of a lawful and reasonable judicial decision; violations are committed due to non-performance or improper performance by the court of its duties due to unfair or negligent attitude; violations are not related to the court’s assessment of the actual circumstances of the case, guilt, sentencing, which is carried out in accordance with internal conviction and motivated in the decision. The discrepancy of the position of the courts of different levels is not the basis for making a private determination in the absence of obvious significant violations of the law.