Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika (Dec 2014)
Defects in new legislative regulation of the appeal proceedings
Abstract
The amendments of the wording of chapters 45, 47 and 48 of the RF Criminal Procedure Code (of January, 1, 2013) are estimated. The elimination of indicating the person being under proceeding on taking forced measures of medical character is considered unreasonable. Mentioning a legal representative of civil defendant contravenes the other provisions of the law. The author proves the necessity to mention the judicial decisions which cannot be appealed along with stating the procedure of appealing against judicial decisions. The interpretation of Art. 389 Sec. 2 clause 5 (appeal against the ruling of the RF Supreme Court’s judge should be filed to the RF Supreme Court’s Board of appeals) draws some questions. The wording of the Article 389 of the RF Criminal Procedure Code is analyzed. It is proposed to count 10 days since passing the sentence. In case of dissenting opinion (Art. 310 Sec. 5) we should count from the day of its first reading. Conforming of the subpoena for attendance of witnesses, experts and other persons to the judge’s subjective discretion in Art. 389 Sec. 2 is considered inappropriate. The elimination of indicating the replication in appellate debate is unreasonable. The defendant’s pre-imposition statement is improperly referred to debate. The procedural status of a person being under revising the judicial decision is questionable. Other defects of legislative regulation of the appeal proceedings are considered. The author proves the necessity to amend the imperfect chapter 45 of the RF Criminal Procedure Code.
