Правовое государство: теория и практика (Dec 2023)
THE GENESIS OF THE APPEAL SYSTEM IN RUSSIAN CRIMINAL PROCEDURE LAW
Abstract
The current state of criminal procedure legislation on appealing against actions (inaction) and decisions of participants of criminal proceedings is the result of the gradual development of the political and legal thought of the Russian state. At the same time, the objective needs of society in different periods of statehood development forced to create new tools to influence on actions (inaction) and decisions on the part of state structures. The purpose of this research is to identify regularities in the development of criminal procedure appeal by studying its features in criminal proceedings of Ancient Rus, the Moscow State, the Russian Empire, the Soviet and post-Soviet stages of the country’s development. Based on the obtained knowledge, the author aims to highlight the stages of establishment and formation of a criminal procedure appeal. Materials and methods: the study is based on the uni versal dialectical method of cognition, as well as the methods of historicism, analysis and synthesis, induction and deduction. Results: the research allows the author to identify five independent periodization stages on the basis of certain historically important events. Moreover, the author concludes that the appeal system in criminal proceedings is incomplete, and it is seeking to expand through the formation of new appeal instruments.
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