To the Question of Improvement of Quality of Criminal Prosecution Via the Effective Mechanism of the Appeal

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The institute of the appeal regulated by Art. 125, 125.1 of the Criminal Procedure Code of the Russian Federation taking into account opportunities of its use for improvement of quality of criminal prosecution is considered. By the author it is shown that the considered institute and its elements are not perfect, need changes and additions which pursue the mutually agreed aim answering to purpose of all criminal trial - ensuring effective judicial protection of the human rights violated during pretrial investigation and the citizen and protection of public interests during criminal prosecution. The problems connected with lack of accurate definition are revealed: subject and subject structure; bases, procedure and results of judicial proceedings on complaints; executions of the judgment. Analyzing a subject of the appeal, the author shows that existence of estimated categories in Art. 125 of the Criminal Procedure Code of the Russian Federation («others», «inaction», «capable to cause», «to complicate access to justice») is the prerequisite for abuse of the right. The established five-day term of consideration of complaints aiming immediate response to violations of the rights during pre-judicial production in practice is formality, and terms reach 12 and more months in this connection, there is a need of distribution of action of Art. 6.1 of the Criminal Procedure Code of the Russian Federation on the considered type of legal proceedings. It is noted that the assistant criminal investigator, the investigator whose proceeding decisions and actions are a consideration subject as Art. 125, 125.1 of the Criminal Procedure Code of the Russian Federation, are not subjects of the appeal of court decrees though often their legal position contradicts a position of court. Lack of judicial control of execution of the decisions passed as Art. 125, 125.1 of the Criminal Procedure Code of the Russian Federation; responsibility of public officials for their non-execution, leads to loss of functions to which performance the considered institute is directed. On the basis of the analysis of scientific literature and court practice in article recommendations about improvement of the considered institute at the legislative level for the purpose of ensuring the rights and assignment of duties on the applicant and public officials of criminal prosecution authorities are offered.

About the authors

Ekaterina G Shadrina

Herzen State Pedagogical University of Russia

Faculty of Law 48, Moika River Emb., Saint-Petersburg, Russia, 191186


Copyright (c) 2016 Шадрина Е.Г.

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