ABOUT HARMONIZATION OF NORMS REGULATING EXAMINATION OF EVIDENCES BY THE COURT OF APPEAL IN RUSSIA’S PROCEDURAL LAW

Abstract

Abstract:Тhe article views the issues of harmonization of the norms and explanations of the RF Supreme Court Plenum, regulating the examination of evidences by the second instance court in the procedural law of Russia. A proper evidence examination is to a great extent an indicative of the appeal procedure efficiency. The methodological basis of the research is a complex of the scientific cognition methods, with the dialectical method as the leading one. In the article, the general scientific methods (dialectics, analysis and synthesis, abstracting and concretism) and specific scientific methods (comparative legal and technical legal) were used. The author demonstrates the gradation of the types of evidences that can be used in the second instance court. The prominence is given to the explanations of the RF Supreme Court Plenum that are common for all the forms of the court procedures; the proposals are formulated on improving the procedural legislation to increase theefficiency of the evidence examination by the appeal court. The reasons are justified for setting the rules of the appeal exhaustion in the RF Criminal Procedural Code, that are established for the decisions which are yet not effective in law, with the exhaustion fixed in one form or another in the RF Civil Procedural Code, Arbitration Procedure Code, Administrative Procedure Code. The proposed recommendations should be implemented through a concurrence in the positions of the legislators representing the four forms of the court procedures covering the legislative fixation of the common (similar) norms and rules given in different procedural codes and proved to be effective.