New Approach to the Classification of Interim Judgments
( Pp. 316-322)

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 article provides a classification of interim court decisions on the basis of the established concept of paragraph 53.3 of Art. 5 of the Criminal Procedure Code (hereinafter referred to as the CPC) of the Russian Federation (hereinafter referred to as the RF) on the basis of the relationship of such decisions with the final court decision and the fulfillment of the purpose of criminal proceedings. The interrelation of such decisions lies in the reflection of the conclusions of the interim decisions in the final decision and the ability to influence these conclusions on the adoption of a legal, reasonable and fair final court decision. This differentiation makes it possible to identify individual groups of decisions that have distinctive characteristics: the subject of the decision, the time of the decision, the grounds for the decision, legal regulation and other features. It is proposed to bring such solutions into separate independent groups of solutions.
How to Cite:
Zakaryan S.A., (2021), NEW APPROACH TO THE CLASSIFICATION OF INTERIM JUDGMENTS. Gaps in Russian Legislation, 5 => 316-322.
Reference list:
Federal Law of December 29, 2010 No. 433-FZ "On Amending the Code of Criminal Procedure of the Russian Federation and invalidating certain legislative acts (provisions of legislative acts) of the Russian Federation". Russian newspaper. 31.12.2010. No. 297;
The Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on April 13, 2021). Collection of Legislation of the Russian Federation. 2001. No. 52 (part 1). Art. 4921;
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.03.2004 No. 1 (as amended on 01.06.2017) "On the application by the courts of the norms of the Code of Criminal Procedure of the Russian Federation". // URL: http://www.consultant.ru/document/cons_doc_LAW_47059/ (date of access 05/16/2021);
Resolution of the Plenum of the Supreme Court of the Russian Federation of November 27, 2012 No. 26 "On the application of the norms of the Criminal Procedure Code of the Russian Federation governing proceedings in the court of appeal" // Bulletin of the Supreme Court of the Russian Federation. 2013. No. 1;
Belyaev M.V. Judicial decisions in the Russian criminal process: theoretical foundations, legislation and practice. Ph.D. thesis Moscow. 2019;
Belyaev M.V. Judicial decisions in the Russian criminal process: theoretical foundations, legislation and practice. Abstract of the dissertation for the degree of Doctor of Law. Moscow. 2019;
Belyaev M.V. Criteria for the differentiation of court decisions in the criminal process // Library of the criminalist. Science Magazine. 2017. No. 6
Burmagin S.V. Final and intermediate decisions in the context of the unity and differentiation of judicial proceedings in the criminal process // Actual problems of Russian law. 2019. No. 9;
Efremova T.F. New dictionary of the Russian language. Explanatory and derivational. URL: https://www.efremova. info/word/promezhutochnyj.html#.YJo-IxozbIU (date accessed: 05/11/2021);
Konstantinova V.A. Interim decisions of the court of first instance in the administration of justice in criminal cases. Ph.D. thesis Omsk. 2012;
Lupinskaya P.A. Decisions in criminal proceedings: theory, legislation and practice. 2nd edition, revised and enlarged. Moscow. 2010;
Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. The Russian Academy of Sciences. Institute of the Russian language. V.V. Vinogradov. 4th edition. Moscow. 2004;
Chervotkin A.S. Interim court decisions and the procedure for their revision in the Russian criminal process. Ph.D. thesis Moscow. 2014.
Keywords:
interim court decisions, decisions ensuring the execution of a sentence, decisions on extradition, appointment of criminal proceedings, pre-trial stage, trial, trial stages.


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