Types of Pre-Trial Form of Criminal Procedure Appeal

Abstract

Criminal procedural appeal is one of the main ways of exercising the rights of all participants in criminal proceedings. This right is included in the procedural status of almost every participant and can be exercised exclusively within the framework of legal relations. The relevance of the research topic is emphasized by the fact that the content of the criminal procedure law allows us to assert that the entire scope of appeal is heterogeneous in its characteristics, which leads to different approaches in determining the forms of appeal. The purpose of this work is to designate and put forward for a wide scientific discussion the problem related to the definition of the system and certain types of appeal in pre-trial criminal proceedings and to propose author's approaches to its solution. On the basis of traditional methods of scientific research, methods of obtaining, studying and evaluating information of a theoretical, legislative and practical nature: dialectics, analysis (functional, systemic, logical), synthesis, generalization, modeling, comparative legal, a scientifically based idea of the types of pre-trial criminal procedural appeal, differing in essential characteristics. According to the results of the study, it was found that in the pre-trial form of appeal, which is applied independently, it is distinguished by its self-sufficiency, independence, isolation and specificity of means: several types are distinguished: universal; internal; limited; secondary; subsequent. The author believes that these types as a whole form a system of pre-trial form of criminal procedure appeal.