Appeal Procedures Research Articles

고발사건 불기소처분의 통제방안

The purpose of this study is to present a reasonable control plan for the prosecution discretion of prosecutors who protect the safety of the social system as a representative of the public interest, Examining the institutional background of the prosecution's non-indictment. After processing and reviewing cases of non-prosecution dispositions in accusation cases, the direction of control of non-indictment was sought.
 Prosecutors may institute prosecution or non-indictment by investigating cases in which complaints and accusations are forwarded by judicial police officers or cases in which direct complaints and accusations are prescribed by Acts and subordinate statutes. The control system for non-indictment by prosecutors is divided into internal control and external control. For dissatisfaction with the non-indictment of the accusation case, internal control measures are being prepared through ‘notice of the purpose and reason for the non-indictment’ and ‘appeal to the prosecution (reappeal)’.
 In this study, the following matters were reviewed through the progress of cases of non-indictment and review of legal principles. For the first time, While acknowledging the fact of the actor's act, we discussed the wrong interpretation of the law that may not admit the establishment of a crime by changing the interpretation of the law. Also, In the discretionary judgment of suspension of indictment, additional factors for judgment on the possibility of blame related to the responsibility derived from the legal status of actors were examined. And, Once the prosecution appeal (reappeal) procedure, which is an internal control method for non-indictment recognized by the accuser, is completed, there is no longer any means of dissatisfaction in criminal procedures.
 The direction of control sought through the review of non-indictment cases is as follows. First, the target cases should be expanded so that all accusation cases can be Application for Adjudication. Second, the standard and scope of the prosecutor's prosecution should be stipulated at the level of the law and order, and notified to the general public. Third, public procedures should be established so that the general public can read and copy the reason for non-indictment, which is a quasi-judicial judgment at the end of the investigation process.
 This study lacks a discussion in connection with the appeal limit system for the judicial police officer's non-transfer decision in accusation cases. therefore. It should be supplemented from a macroscopic point of view of criminal justice procedures through future research.

The Appeal Procedure before the CAS. Key Insights and Practical Tips

The Appeal Procedure before the CAS. Key Insights and Practical Tips

Reducing the risk of bias in academic publishing

The risk of bias in academic publishing is present from the first stages of the publishing process when the author creates an account and submits the manuscript, which becomes subject to the rights and power of journal editors. The author’s disclosure of certain personal information risks exposing him/her to biases for or against certain groups of authors. To reduce these potential biases, reviewers and editors involved in the assessment of author works should be prevented from accessing authors’ information until the final decision regarding publication has been made. Some information, such as authors’ ORCID details, can be requested after the article is accepted for publication. Standardizing appeal procedures and establishing protocols for handling author appeals is a necessary step in the effort to reduce publication bias. Regulations for the cover letter to editor should also be put in place to ensure that authors’ personal information is not disclosed, either explicitly or implicitly.

The Determination of the Competent Court When Applying for Judicial Protection in an Administrative Offense Case

The problem of determining the competence of the court to consider a complaint (application) when applying for judicial protection of a person held liable in an administrative offense case, both by the person himself and by the judges, is considered. The study of existing rules of law, judicial acts of courts of first and higher instances, including the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, the analysis of scientific works devoted to the problem of determining the competent court both in cases of administrative offenses and in civil proceedings is a method, which allows one to study the problem of possible restriction or exclusion of access to judicial protection of persons held administratively liable, when appealing against the relevant regulatory act recognizing them as such. The Author compares the legislation on judicial proceeding in cases of administrative offenses of the Russian Federation and the Republic of Belarus. Investigates the procedure for appealing against a decision in a case on an administrative offense and a decision within the framework of the Code of the Russian Federation on Administrative Offenses and the Arbitration Procedure Code of the Russian Federation, their similarities and differences in the regulation of the appeal procedure. Court practice is brought to attention, which clearly demonstrates the essence of the problem of determining the competent court when applying for judicial protection in a case of an administrative offense. Judicial practice demonstrates a variety of approaches to the existing problem not only by the same court, but also by the same judge. The rights of persons brought to administrative responsibility, violated due to the existence of this problem, are identified. Through the study of scientific works of civil procedure scholars, the Author discusses the possibility of changing existing legislation in order to eliminate the possibility of depriving a person brought to administrative responsibility of the right to judicial protection. The Author proposes to exclude a number of norms from the current legislation, while the norms governing the issue of competence should be changed in terms of the procedure for handling an application received by the court, a complaint in a case of an administrative offense. The importance of resolving this problem for the Russian Federation as a legal state, which is the Russian Federation, is explained.

Legal consequences of exhaustion of the amount allocated for co-financing of projects under the appeal procedure in the 2021-2027 financial perspective

Analysis and assessment of the legal effects of exhausting the amount allocated for co-financing of projects under the appeal procedure in the system of implementation of the EU cohesion policy in Poland in the 2021-2027 financial perspective. Literature review, analysis of relevant legal regulations and the jurisprudence of administrative courts. The provisions of the Act on the rules for the implementation of tasks financed from European funds in the 2021-2027 financial perspective erroneously equate the exhaustion of the amount allocated for co-financing of projects under a measure or region category with the sum of funds distributed by concluding agreements or issuing administrative decisions on project co-financing. They do not take into account the fact that due to, e.g. the availability of additional financial resources resulting from termination of co-financing agreements or an increase in the euro exchange rate, the exhaustion of the allocation may change until the end of programme’s implementation period. It is necessary to shape the appeal procedure in such a way that will provide the applicants with a real chance of obtaining co-financing, because the implementation and protection of their constitutional rights cannot depend on the exhaustion of the available allocation of financial resources.

Administrative appeal as a legal process: meaning and role

The article explores the importance of social legal awareness development, as well as the provision of Constitutional Law and Administrative Law mechanisms of the right to human rights and freedoms defense. The purpose of the article is the essential role of the administrative complaint concept in society. It analyses legal support process, the subject and the importance of the complaint procedure, when considering appeals by the current State Bodies. The introduction of the administrative appeal procedure in order to increase public confidence in public authorities, including Law Enforcement Agencies in present time, and determine the importance of the administrative complaint process as a process. Ensuring the study of the essential role of Administrative Appeal Law as a process.This article seeks to examine both the mechanisms and procedures of administrative appeal as well as its effectiveness and impact on legal systems. Specific areas for study are legal framework, procedural aspects and practical implementation of administrative appeal.This work plays an invaluable role in understanding justice systems and administrative management, deepening legal knowledge and improving citizen legal defense effectiveness.The analysis has demonstrated the power of administrative appeal as an effective mechanism for protecting citizens’ rights and liberties while increasing state bodies’ transparency and responsibility. In this article are provided recommendations on improving appeal procedures.

Эффективность приказного производства

Writ proceedings are one of the ways to optimize justice, part of the broader concept of simplified procedures. The question of the effectiveness of writ proceedings is still debatable, since a number of practical problems arise in the very procedure for issuing and issuing a court order. Purpose. To analyze the procedures for writ proceedings and the features of a court order as a judicial act from the standpoint of their effectiveness in protecting violated rights. Methodology. The work uses such methods as: analysis, synthesis, formal-logical, comparative, formal-legal. Results. The article substantiates that the conduct of writ proceedings by the court means the administration of justice, since the court evaluates the evidence and resolves the case on the merits. The specificity in the collection and evaluation of evidence, in the implementation of a number of principles of legal proceedings is characteristic not only for writ proceedings, but also for absentee and simplified proceedings. This means that these moments in themselves cannot be indicators of attribution to legal proceedings. The effectiveness of a court order as a judicial act and an executive document is determined by the fact that it 1) resolves the case on the merits; 2) does not require motivation, but requires references to the laws used; 3) is an executive document; 4) is not appealed in the appeal procedure, enters into force by the very fact of extradition; 5) may appeal in cassation. The insurance elements of writ proceedings (procedural guarantees) are: the possibility of filing objections by the debtor; self-control of the court that issued the writ; the possibility of restoring the deadline for filing objections; possibility of cassation appeal against the court order. Order production is moving from paper to electronic, which also increases its efficiency. Conclusion. Despite the existing problems both with the implementation of writ proceedings and with the execution of a court order, in general, the institution of writ proceedings must be recognized as effective. The main role in this conclusion is played by the presence of insurance elements in the rules of writ proceedings, as well as the readiness of its procedures to switch to an electronic format of the case.

Niewłaściwe posługiwanie się przez sądy domniemaniami relewantnymi prawnokarnie jako przedmiot zarzutów apelacyjnych – rozważania z uwzględnieniem art. 45 § 2 Kodeksu karnego

The purpose of the discussion is to consider how a participant in a criminal trial should both classify and then argue the allegations that they raise in an appeal against the court a quo in terms of either the use or lack of use by that court of criminal law presumptions. Therefore, in the first place, issues related to the construction of the presumption norm and the modeling of the appeal process are discussed, so that later, on this basis, it is possible to focus on the current regulation of the appeal procedure in the Code of Criminal Procedure. The article presents the results of research conducted using dogmatic-legal and theoretical-legal methods, and the narrative itself has been illustrated with the use of an exemplification of a model norm requiring inadequate reflection of the results of evidence proceedings, i.e. the presumption of origin of assets from crime, laid down in Article 45 § 2 of the Penal Code. It seems that this procedure is conducive to confirming the thesis that the use of a presumption – despite the substantive legal provenance of a norm of this type – may become the subject of a factual allegation, separate from the so-called free evaluation of evidence.

Legal principles of approaching the court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials

In the paper the study of the legal basis of applying to court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials is done. Such subjects are the Human Rights Commissioner of the Verkhovna Rada of Ukraine, the prosecutor and the National Agency for the Prevention of Corruption, for matters of representation of the interests of other persons in cases of offenses related to corruption committed by public officials, such bodies are the Specialized Anti-Corruption Prosecutor's Office and National Agency for the Prevention of Corruption. The authors came to the conclusion that the representation of the interests of a citizen or the state in court in cases provided for by the Law of Ukraine "On the Prosecutor's Office" and related to corruption or corruption-related offenses, as well as the representation within the limits of its competence of the interests of the state in cases of recognition as unfounded assets and their collection into state income is carried out by the Specialized Anti-Corruption Prosecutor's Office. The status of the National Agency for the Prevention of Corruption in legal relations regarding the representation of the interests of other persons is dual (dualistic) – on the one hand, it carries out an administrative investigation, that is, proceedings in cases of offenses related to corruption at the first stage, on the other hand, the agency has the right to apply to the court with a lawsuit (statement) in the interests of the whistleblower, to participate in the consideration of cases based on such lawsuits (statements), as well as at any stage of the proceedings to enter into a case in which proceedings are opened based on the lawsuits (statements) of whistleblowers, to file an appeal, cassation complaint, an application for review of a court decision based on newly discovered or exceptional circumstances, including in a case in which the proceedings were opened based on the claim (statement) of the whistleblower. In addition, the National Agency for the Prevention of Corruption may actually act in the interests of the state, contesting in the appeal or cassation procedure the decisions made in administrative lawsuits to recognize the decisions of the National Agency as illegal.

The Multi-party Interim Appeal Arbitration Arrangement: An Update

The World Trade Organization’s Appellate Body (AB) continues to face an existential and operational crisis. Since 2017, the United States has blocked the selection of replacements for retiring AB members. As a result, the Appellate Body no longer has any active members and, therefore, cannot function. In March 2020, a group of 16 WTO members, including the European Union, promoted an initiative to establish a ‘multi-party interim appeal arrangement’ (MPIA), as an alternative to AB proceedings pending a resolution of the AB impasse. The arrangement is intended to allow disputes to be resolved finally by an impartial adjudicating body and to preserve a two-tier WTO dispute settlement system, until the Appellate Body resumes its functions. This Article provides a review of the structure and provisions of the MPIA and an update on how it has worked in practice. To date, no WTO dispute has gone through the MPIA process. However, in two recent disputes, Türkiye, which is not an MPIA party, and the European Union entered into agreements on appeals using a process very similar to the MPIA. One of those disputes has proceeded to the appeal stage under this arrangement. This note also provides the review of the differences between the MPIA and the Türkiye-EU mechanism. The World Trade Organization's disputes, the Dispute Settlement Body, Appellate Body Members, Multi-party interim appeal arrangement, MPIA, structure, appeal arbitration procedure, arbitrators, MPIA arbitrator, outgoing disputes, the first case to use appeal, Article 25 Arbitration, Türkiye-EU appeal arbitration agreement, WTO reform, MC12 outcome.

Problems of Legal Regulation and Peculiarities of Filing Appeals in the Form of an Electronic Document

Today, the absolute majority of appeals are submitted by citizens via the Internet information and telecommunications network. Their share among all appeals reaches 95%. A rapid growth in the number of citizens’ appeals submitted in the form of electronic documents, caused primarily by the development of information technology and the ease of filing such appeals, makes it necessary to talk about the urgent need for legal regulation of the procedure for processing electronic appeals, primarily at the federal level. The system needs continuous improvement of work with these appeals in authorities and organizations at all levels. Citizens should understand uniform rules for submitting such appeals. Citizens’ appeals in the form of electronic documents are of the greatest interest to researchers due to their prevalence, lack of regulation and peculiarities. However, no comprehensive studies of this type of appeals have been conducted. The author analyzes judicial practice, regulatory legal acts and practice of various bodies and organizations working with appeals in the form of electronic documents, identifies legal gaps, initiatives and practices that need legal regulation at the level of federal legislation, makes specific proposals for legislative amendments. The publication was prepared on the basis of the general scientific dialectical method. The special methods used in the preparation of the publication are: system-structural, formallegal, logical and comparative-legal methods. The paper refers to the appeals of citizens, associations of citizens and legal entities as citizens’ appeals.

Effectiveness of Administrative Appeal in Slovenia and Croatia – Between National Traditions and EU Standards

Abstract The administrative appeal is a multifunctional legal remedy whose purpose is to protect the rights of the parties vis-à-vis the authorities and provide – through a generalisation of cases – a regulatory feedback loop leading to better sector-specific regulations. The administrative appeal is thus a constitutional guarantee of democratic governance, as well as mechanism of good administration and effective public policies, as long as it is implemented in line with the purpose of regulation. To examine the theoretical and regulatory objectives of the administrative appeal in Slovenia and Croatia and test its compliance with EU trends, a comparative analysis of the key provisions of the systemic laws on the general administrative procedure (APAs) was carried out. In such context, specific effectiveness criteria were developed, focusing on the admissibility, devolution and suspensiveness of the administrative appeal, as well as on the duration of the administrative appeal procedure. The achievement of the regulatory objectives of the APAs in both countries was further examined through interviews with experts in administrative procedural law and, for Slovenia, through an analysis of administrative case law. The finding suggest that the most challenging issues are the (non-)suspensiveness of the appeal and the duration of procedure. Hence, the administrative appeal may well be a fairly suitable safeguard of the constitutional rights of the parties in individual cases, but on a systemic level, its potential for good administration is not fully exploited. This instrument should therefore be further developed, e.g., through a mutatis mutandis application of the APA in all administrative acts and an even more consistent application in the most disputable administrative procedures, particularly in terms of the suspension of enforcement pending administrative finality and the still reasonably long procedures. The key points for practitioners are: • The administrative appeal has various functions, such as protecting international and constitutional safeguards of the parties to the procedure and ensuring a coherent administrative-legal system; • In the EU, procedural issues in individual Member States can largely be regulated autonomously; however, there are certain characteristics necessary to define the appeal as an effective tool; • Slovenia and Croatia regulate the administrative procedure in a rather similar way, yet there are some crucial differences in effectiveness of the administrative appeal both in law and, particularly, in practice; • Experts, especially from the CEE region, can learn about the gap between theory and practice in the selected countries, which enables them to compare other similar national systems in line with the EU standards.

Medical Dispute Committees in the Netherlands: a qualitative study of patient expectations and experiences

BackgroundHealth care incidents, such as medical errors, cause tragedies all over the world. Recent legislation in the Netherlands has established medical dispute committees to provide for an appeals procedure offering an alternative to civil litigation and to meet the needs of clients. Dispute committees incorporate a hybrid procedure where one can file a complaint and a claim for damages resulting in a verdict without going to court. The procedure is at the crossroads of complaints law and civil litigation. This study seeks to analyze to what extent patients and family members’ expectations and experiences with dispute committees match the goals of the new legislation.MethodsThis qualitative, retrospective research includes in-depth, semi-structured, face-to-face interviews with patients or family members who filed a complaint with a dispute committee in the Netherlands. The researchers conducted an inductive, thematic analysis of the qualitative data.ResultsA total of 26 interviews were held with 30 patients and family members. The results showed that participants particularly felt the need to be heard and to make a positive impact on health care. Some wished to be financially compensated, for others money was the last thing on their mind. The results demonstrated the existence of unequal power relationships between participants and both the defendant and dispute committee members. Participants reported the added value of (legal) support and expressed the need for dialogue at the hearing. Participants sometimes experienced closure after the proceedings, but often did not feel heard or felt a lack of a practical outcome and a tangible improvement.ConclusionsThis study shows that participants’ expectations and experiences were not always met by the current set up of the dispute committee proceedings. Participants did not feel heard, while they did value the potential for monetary compensation. In addition, some participants did not experience an empowered position but rather a feeling of a power misbalance. The feeling of a power misbalance and not being heard might be explained by existing epistemic injustice, which is a concept that should be carefully considered in processes after health care incidents.

The Interaction Between Administrative and Judicial Review at the European Level: Notes on the Judgment of the General Court of 6 October 2021 in Joined Cases T-351/18 and T-584/18, Ukrselhosprom PCF LLC and Versobank AS v ECB

In many fields of EU administration, it has become common for secondary law to establish a pre-judicial appeal procedure that allows applicants to contest decisions administratively before initiating court litigation. Unlike many national systems, however, Union law does not contain a general and positively defined concept of administrative review. This forces secondary law legislators to construct such an edifice through the available administrative law toolkit, most importantly, the decision under Article 288 TFEU as the main instrument. In a recent case that arose in the context of the ECB's banking supervision activities in the Single Supervisory Mechanism, this has caused problems for the General Court to arrive at a pragmatically reasonable outcome in a doctrinally sound manner. The present case note discusses this judgment in the context of prior precedents from which it partially deviates. It also undertakes some conjecture as to the possible consequences of the ruling for the future and administrative appeal procedures beyond the Banking Union.

Current ways to protect the rights and ensure the economic security of Russian individuals and legal entities in the context of international economic sanctions

Restrictive measures, or so-called “sanctions”, were introduced by the countries of the European Union against the Russian Federation, its citizens, and legal entities in 2014. The introduction of restrictive measures was initially seen as a threat to Russia’s economic security and sovereignty, so the Russian authorities were forced to respond by introducing retaliatory measures, or counter-sanctions. The subject of this article is the various possibilities for defending or challenging the imposed restrictive measures provided for by the legislation of the European Union and its member States, as well as the most famous and significant cases of appealing against these sanctions. The aim of the study is to systematize various ways of challenging restrictive measures in the bodies of the European Union, to develop a mechanism for such a challenge, as well as to collect statistical information on completed cases in which sanctions against certain persons were successfully challenged, or the lifting of restrictive measures was refused. The relevance of the topic is expressed in the unrelenting pressure of foreign states on the sovereignty and economic security of Russia. The scientific novelty is due to the lack of systematic research on the mechanisms for challenging sanctions. The authors apply descriptive, historical, and comparative analysis methods. The authors identified a certain mechanism of opportunities and tools for challenging restrictive measures in the bodies of the European Union, as well as defined a chain of actions to launch an appeal mechanism for certain restrictive measures. The authors conclude that stakeholders should initiate and participate in sanctions appeal procedures as there is good practice in lifting restrictive measures.

Characteristics of review of economic affairs in the appeal procedure

The right to go to court for judicial protection is an institution of procedural law that regulates the grounds and procedure for violation of judicial activity to protect rights, freedoms and interests.
 The legislator divided those who have the right to go to court into those who seek protection of their rights, freedoms and interests, and those who go to court to protect the interests of the state, public interests and the rights, freedoms and interests of others.
 In recent years, Ukraine has improved procedural legislation, including economic procedural. Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts of 03.10.2017 № 2147-VIII, Commercial Procedural Code of Ukraine is set out in a new version, which entered into force on December 15, 2017 As a result of this legislative activity, new institutions of the economic process appeared and those that existed before were improved. The institute of appeals has also been significantly updated, as the procedure for filing appeals and cassation appeals has been changed, the deadline for appeals has been extended, changes have been made to the list of decisions of the court of first instance that can be appealed separately. The mechanism of legal regulation of appeals against decisions of the court of first instance in the economic process is based on the decision of the commercial court of first instance. 
 In this scientific work the peculiarities of reviewing economic cases on appeal are investigated, the legal analysis of appellate proceedings is carried out. An analysis of decisions that can be appealed separately from the court decision. The signs of appellate proceedings are characterized, the peculiarities of appealing the case to the court of appellate instance are determined, the concepts of appellate, appellate proceedings and appellate stage are formulated.

Interpretácia a dotváranie kompetenčných noriem v správnom práve

The study is devoted to the possibilities of shaping the competence norms of administrative law on the background of a case study of an ongoing dispute between the authorities of the prosecutor's office and the Ministry of Transport and Construction of the Slovak Republic. Act No. 180/2013 Coll. in Section 4(3)(b) excludes the possibility for the district office in the region's seat to review and subsequently amend or annul a municipality's decision outside the appeal procedure, even if it was issued in the course of the delegated exercise of state administration. The Ministry considers this situation undesirable and seeks to correct it by a teleological interpretation of the norm or by the derogation rule lex specialis derogat legi generali. The study concludes by noting the inappropriateness of such a solution with regard to the principle of legal certainty.

Kompetencje porządkowe związane z przebiegiem prac komisji sejmowych i senackich

The subject of the article contains the issue of order competences related to the proceedings of Polish parliamentary committees. In turn, the aim of the study is to define their basic features, including similarities and differences between the order competences related to the proceedings of Polish parliamentary committees – in the area of their component parts, including the entity holding it, authorisation and subject, as well as in the area of elements related to them, which include the conditions for the admissibility of their application, as well as the appeal procedure against decisions constituting their application. Finally, the aspiration for this aim takes place using a dogmatic method, which includes an analysis of the content of the provisions relating to the competences in question. Its result shapes a list of the above-specified features of order competences related to the proceedings of Polish parliamentary and senatorial committees. The article also compares Polish regulations with those applicable in selected Central European countries, i.e. in Germany, Austria and Hungary.

Public procurement reform in Ukraine: system or contingency?

Some of the recent amendments to the Law of Ukraine «On Public Procurement» that are under discussion have been analyzed in terms of their general focus and ability to make the system of legal regulation of spending taxpayers' funds in our state more perfect and clear. Large amounts of innovations, their frequency make this task quite difficult, but general trends can be identified. Positive results include the elimination of a number of minor shortcomings in the wording of the above-mentioned law, adopted in September 2019 that makes it possible to clarify and more clearly distinguish between individual concepts, to count the timing of various processes, etc. The new version of the article on the appeal procedure can be considered to be a significant achievement. It is consistent with the provisions of the Law of Ukraine «On the Antimonopoly Committee of Ukraine» and provides transfer of a significant part of the process to an electronic format, incl. using telecommunication systems in interactive real-time mode. At the same time, during appeals, the changes have not affected simplified purchases, since the effect of the relevant article of the law practically does not apply to them. The envisaged appeal to the courts is ineffective and will not prevent dishonest or corrupt practices. An extremely disturbing practice has been revealed to expand the list of cases that are not covered by the law or fall under it just nominally. This contradicts Ukraine's international obligations and increases the risk of corruption component in the implementation of large projects worth dickers billions of hryvnias. The practice of introducing mandatory declaration of the country of goods origin for each nomenclature item indicates the randomness of some of the changes made for incomprehensible purpose. The new draft law of the Ministry of Economy of Ukraine with rather traditional title «... on improving the implementation of public procurement» is another attempt to rewrite the law radically. With such optimistic name, this raises doubts about its expediency, since constant avalanche of volumetric innovations cannot serve as a measure of the entire process quality. The draft amendments submitted for consideration to strengthen state financial control by stopping the implementation or terminating the concluded contracts can have a number of negative consequences.

Стандарты реализации права на обжалование и пересмотр промежуточных решений, вынесенных на досудебном этапе уголовного судопроизводства

Under Article 46 of the Russian Constitution, everyone is guaranteed judicial protection of his or her rights and freedoms. This right must also be realised in criminal proceedings, including during the pre-trial stage of the proceedings. At the same time, the Constitutional Court of the Russian Federation has not formulated in sufficient detail how the right to judicial protection should be realised in the course of the court's interlocutory ruling and its review. In searching for standards for the implementation of the right to appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings, the authors refer to the provisions of the European Convention as interpreted by the ECHR as legal provisions correlating with the human rights enshrined in the Russian Constitution. For this purpose, more than 50 ECHR judgments and the positions of contemporary domestic and foreign legal scholars have been studied. The authors identified a list of standards of the Convention applicable in case of violation of the right to appeal and interlocutory review, which include the standards guaranteeing protection of fundamental individual rights: Article 5 (right to liberty and security of person), Article 8 (right to respect for private and family life, home and correspondence), Art. 1 Protocol No. 1 (right to protection of and respect for property) as well as the rules laying down the minimum requirements for appeal or review procedures: Article 5(4), Article 6 (right to a fair trial), Article 13 (right to an effective remedy). An analysis of the ECHR legal positions laid down the requirements for an appeal or review procedure against a court decision on "deprivation of liberty" (remand in custody, house arrest, prohibition of certain actions, placing a person in a hospital for forensic medical or forensic psychiatric examination). Such a procedure must meet minimum fair trial standards and be urgent and effective. The authors also substantiate the identification of general and specific standards of effective remedy in relation to the procedure of appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings. Thus, the procedure will be effective if it is accessible, sufficient and expeditious and if the appeal and review of the interlocutory decision can result in the reversal of the appealed decision and the "rectification of the disputed situation". Private standards apply to cases of appeal and review of specific interlocutory decisions that are made in secret, e.g. an order to monitor and record telephone conversations, obtain information on connections between subscribers and subscriber devices, etc. In such cases, the moment the right to an effective remedy arises is linked to the moment when the person becomes aware (is notified) of the procedural actions taken. On the basis of the analysis of the ECHR legal positions, proposals for improving the criminal procedure legislation were formulated. The authors declare no conflicts of interests.