Russian Journal of Economics and Law (Dec 2015)
OBJECT OF CHECKING THE JUDGMENTS AT LAW MADE AT SPECIAL TRIALS, BY THE REVIEWING COURT
Abstract
Objective: to determine the features of the subject of cassation court the proceedings in relation to criminal cases considered by the first instance court in a special order of judicial proceedings, and on this basis to define the ways of forming the effective mechanism of judicial protection of the rights and freedoms of participants in criminal proceedings whose interests are affected by adjudication in a special order.277Уголовный процессCriminal procedureАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Methods: general scientific dialectical method and specific scientific methods of cognition: systemic, structural functional, formal logical methods (analysis, synthesis, concretization, analogy, simulation).Results: basing on the analysis of the criminal procedure law norms and practice, the author concludes that the available procedural tools allow to correct the errors of lower courts only by assessing the violations as violations of the law. It is concluded that the rule of law cannot be considered the sole subject of litigation in the court of cassation. Voluntary refusal of the accused from the full-fledged trial procedure and court procedure for establishing the facts of the case cannot determine the absence of a mechanism to eliminate judicial error in such categories of cases. The need to protect the rights and freedoms of the individual regardless of the procedural form of the proceedings and other circumstances implies the existence of effective procedural means.Scientific novelty: for the first time in the article it is concluded that in cases reviewed in special judicial proceedings, the need for parity of judicial protection ideas, which allows to correct errors made during the resolution of the criminal case, and for the principle of finality of judg- ments (res judicata), is not obvious.Practical significance: the main provisions and conclusions of the article can be used to improve the norms of the criminal procedural law, in research activities, in teaching and studying of criminal procedural law.
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