Institute of Cassation Appeal in Сriminal Proceedings

Abstract

The modern Institute of cassation proceedings of criminal procedure law of Russia demonstrates high efficiency and relevance among interested participants of criminal proceedings. The experience of practical application of the updated institute of cash production led the legislator to the need to make significant adjustments to it. This concerned the determination of the term of the cassation appeal and the clarification of the instantiation of the cassation appeal. These novels are of interest for analysis at the level of scientific understanding. The use of an institutional approach, comparative legal, systemstructural and other research methods makes it possible to see the validity of the inclusion of these elements of criminal procedural regulation in the content of the institute of cassation appeal. The previously existing indefinite procedure for appealing court decisions in criminal cases in the order of "continuous cassation" conflicted with the requirement of timely provision of high-quality judicial protection, carried out through the prompt elimination of possible judicial errors in the cassation procedure. The unlimited period of realization of the right to cassation appeal of certain criminal procedural decisions introduced uncertainty into the legal relations of the subjects of the process, who were waiting for an excessively long time for a possible refutation of the final judicial decision affecting their interests, negatively affected the reasonable duration of criminal proceedings. The absence of a mandatory condition for cassation appeal in view of the need for a preliminary appeal did not contribute to the use of the entire law-restoring potential of control and verification proceedings, did not meet the principle of unification of the procedural appeal of court decisions made in all forms of legal proceedings. These circumstances, to a certain extent, served as the grounds for making legislative changes to the institution of cassation proceedings.