INTERMEDIATE COURT DECISIONS TO CREATE CONDITIONS FOR CONSIDERING FINAL COURT DECISION IN APPEAL, CASSATION AND SUPERVISORY PROCEEDINGS

Abstract

This article analyzes the intermediate court decisions which are taken after
the judgment or other final court decision. Orientation of these solutions to
the potential cancellation or change of final judicial acts is of particular relevance
in keeping with the recent legislative changes. Highlighting the intermediate
court decisions as a special form of judicial criminal procedural decisions,
the legislator has created difficulty in understanding the principle of segregation.
The formation of the decisions on the basis of the law is unacceptable.
Since 1998, an extensive practice of the Constitutional Court and Supreme
Court of the Russian Federation has been established, which helps to share
criminal proceedings decisions of the court on the final and intermediate, the
essence of which is the procedure of appeal. This article studies the types of
intermediate court decisions, which are taken within the criminal procedure
under review of judgments as entered and not entered into force. From the
analysis of judicial practice, the study of the scientific literature concludes that
any intermediate court decision in connection with the provisions of Article
53.3. 5 of Criminal Procedure Code may be appealed in the Appeal Court, except
the ones the appealing of which is prohibited by the legislator.