This article inspects the significance of the system of levels of control proceedings as a form of supervision over judicial power in the Russian criminal legislation. The article features the analysis of changes, made to the Russian Procedural Criminal Code by Federal law of 29.12.2010 N 433, related to the system of reviewing court’s decisions in criminal process. The author inspects features of legal concepts of the European court of human rights, reflected in relevant regulations concerning legal certainty, stability of courts’ decisions and ensuring the convicts’ right to efficient justice in the existing forms of reviewing sentences in the Russian criminal process. The author draws the conclusion that the absence of necessary statutory regulations complying with the international decrees, and clear methodological recommendations regarding meeting the international law requirements on ensuring stability and consistency of sentences form objective reasons for weakness of the judicial practice in this area.
In this article the author examines the system of judicial stages on the revision of sentences in criminal proceedings of foreign countries, for example France, Germany, Belarus and Kazakhstan. The author analyzes the norms of criminal procedure legislation of these countries which are regulating the grievance procedure, the procedure, grounds and forms of review of sentences that entered and not entered into force in courts of the different levels of the judicial system of these countries. The author draws attention to the organization of the system of judicial stages which review the judicial decisions in criminal proceedings in the above mentioned countries, which consists of 3 instances, mutually explanatory of each other by forms, procedure, the object and limit of the criminal proceedings, the grounds for cancellation or changing of judicial decisions. The author notes that in the system of courts of the countries under consideration only once was reviewed the judicial decision entered into legal force. The author identifies a number of characteristics of the organization and activities of judicial stages to review verdict in the above mentioned countries, which may be of interest for the further reform of domestic legislation governing the organization and activity of control procedures in criminal proceedings.
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