INSTANCES AS A GENERAL CONDITION OF APPEAL PROCEEDINGS IN THE CRIMINAL PROCEDURE OF RUSSIA

Abstract

The general condition for level arrangement is that for the appeal (Art. 389.3 CPC RF),
cassation (Art. 401.3 CPC RF) and supervisory procedure for (Art. 412.3 CPC RF) judicial
decisions examination by legislator a strict sequence of complaints, recommendations of the
courts of different judicial instances is established. Persons having the right to make appeal,
cassation and supervisory complaints or recommendations make complaints to a higher court in relation to the court which renders the decision appealed and only after resolutionof the complaint, recommendations on the merits in the lower court trial related participantshave the right to seek for judicial protection of violated interests and rights to a highercourt.

The article considers the level arrangement as a general condition of the revision of
decisions of courts of first instance, which are not yet in force. The author points out controversial
provision that lodging and review of decisions of lower courts can only be in a
higher court. We consider the difference between the concepts "link in the judicial system"
and the "judicial instance".
The authors stand for a point of view, according to which the consideration of complaints
about the decisions of the courts of a certain level in the same court (but of another
instance), as well as the existence of a hierarchy of different instances in one link of the
judicial system does not violate the right to appeal to a higher court decisions trial, as enshrined
in Art. 50 of the Constitution of the Russian Federation. The authors consider discussions
on single and panel hearing in the court of appeal analyzing different views of the
scientists and experts and come to the conclusion that the order of single and panel hearing
in the court of appeal is the most effective at present.