The Importance of Interim Judgments in Criminal Proceedings
( Pp. 224-229)

More about authors
Zakaryan Sarkis Armenovich Graduate of postgraduate studies
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Moscow, Russia
Abstract:
The purpose of this study is to determine the meaning and role of interim court decisions in criminal procedural activity, their ability to influence the issuance of a legal, well-founded final court decision and the fulfillment of the purpose of criminal proceedings. The study made it possible to draw a conclusion about independent criminal procedural significance of interim court decisions, which consists in fulfilling the purpose of criminal proceedings in the course of pre-trial proceedings by creating a condition for the legal course of the investigation of a crime. Intermediate decisions ensure the rights and legitimate interests of participants in criminal proceedings in the preparation and consideration of a criminal case on the merits in order to make a legal, reasonable and fair final decision. To substantiate the independence of interim court decisions and their ability to influence the legality of the final court decision, examples from judicial practice are given where failure to issue an interim decision is the basis for canceling the sentence and sending the criminal case for a new trial.
How to Cite:
Zakaryan S.A., (2021), THE IMPORTANCE OF INTERIM JUDGMENTS IN CRIMINAL PROCEEDINGS. Gaps in Russian Legislation, 7 => 224-229.
Reference list:
Azarov V.A., Konstantinova V.A. interim decisions of the court of first instance in the administration of justice in criminal cases. Moscow. 2013.
Belyaev M.V. Criteria for the differentiation of court decisions in criminal proceedings // Criminalist Library. Science Magazine. Science Magazine. 2017. No. 6.
Vitruk N.V. Constitutional justice in Russia (1991-2001): Essays on theory and practice. M. 2001;
Vitushkin V.A. The legal nature of the rulings of the Constitutional Court of the Russian Federation. Abstract of the dissertation of Ph.D. M. 2003;
Kryazhkov V.A., Lazarev L.V. Constitutional justice in the Russian Federation. Tutorial. Moscow. 1998;
Lupinskaya P.A. Decisions in criminal proceedings. Their types, content and form. M. 1976;
Chervotkin A.S. Interim court decisions and the procedure for their revision in the Russian criminal process. Ph.D. thesis M. 2014.
The cassation ruling of the First General Jurisdiction Court of Cassation dated 26.11.2020 in case № 77-2568 / 2020. Judicial practice of general jurisdiction courts of cassation. Reference legal system "Consultant Plus" // URL: http://www.consultant.ru/cons/cgi/online.cgi?req=card&rnd=4C71F80E79DFDA9634F873D7EDDA3694&div=ARB#div (date of circulation 19.12.2021).
The cassation ruling of the First General Jurisdiction Court of Cassation dated 26.09.2020 in case № 77-1827 / 2020. Judicial practice of general jurisdiction courts of cassation. Reference legal system "Consultant Plus" // URL: http://www.consultant.ru/cons/cgi/online.cgi?req=card&rnd=4C71F80E79DFDA9634F873D7EDDA3694&div=ARB#div (date of circulation 19.12.2021).
Keywords:
interim court decisions, stages of criminal proceedings, legal value, justice, final decision.


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