SOME PECULIARITIES OF APPEAL OF DECISIONS OF THE FIRST INSTANCE COURTIN RUSSIA AND BELARUS

Authors

  • Е. В. Ежова Bashkir State University, Institute of Law, 131 Dostoevsky str., 450005 Ufa, Republic of Bashkortostan, Russian Federation Author

Keywords:

criminal procedure law; Constitutional Court of the Russian Federation; Constitutional Court of the Republic of Belarus; appeal

Abstract

The paper considers the procedure and peculiarities of appeal of sentences, court rulings and orders in the Republic of Belarus, as well as summative and interim court decisions in the Russian Federation; and compares them. It reveals the question of the necessity to provide individuals who are not parties of the criminal process, the right to appeal a judicial decision that affects their legitimate
interests. The research analyses the influence of legal positions of the Constitutional Courts of Russia and the Republic of Belarus on the
emerging practice of the application of norms of criminal-procedural law, which regulate the consideration of criminal cases by the court of appeal. It is concluded that the need to respect and protect the constitutional rights of person and citizen to appeal against a court decision, that affects his / her legitimate interests, contributes to complicating of the appellate revision procedure.

Ref.: 7 titles.

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Published

2017-12-01

Issue

Section

ЮРИДИЧЕСКИЕ НАУКИ