APPEAL PROCEDURE IN THE RUSSIAN CRIMINAL PROCEDURE: COLLISIONS OF THE SUBJECT AND LIMITS OF CONTROL

Abstract

Objective: to methodologically precisely substantiate the thesis that the object and limits of activity of the court of appeal shall be either exclusively mediated by the declared interest of the parties or predestinated rule evocation - with detection of significant violations of the law. Methods: universal dialectic method of knowledge, in accordance with which the studied phenomena are analyzed in interconnection and interdependence, and general, special and private law research methods based on it. Results: it is proved that the appeal is the essence of the means of parties’ legal interest protection, thus the subject and scope of verification should initially be made dependent on the will of the parties. Proactive and revisionary exceeding the declared will limits by the court can be permissible only according to the rules of evocation. Scientific novelty: for the first time in the Russian criminal procedural doctrine the problem was set of differentiation in the definition of the court's activities subject and limits depending on: “partial” appeal, aimed solely at the verification of the claims submitted by the parties, and “full” appeal, designed precisely to the new revision of all criminal case. It is substantiated that, being exclusively a remedy, an appeal should not be commonly used for reconstruction of the public law. Practical value: the theoretical conclusions were formulated in the study, with the objective to form the optimal form of the new appeal proceedings, which can and should be used in research, legislative and practical judicial activities.