APPEAL OF INTERLOCUTORY DECISIONS TO THE SUPERIOR COURT AS A CONDITION OF FAIR TRIAL

Abstract

The article is devoted to the definition of «superior court» in the concept
of criminal procedure appeal of interlocutory decisions. The novelty is
in the fact that these decisions may be submitted by the same court that issued
them. The author's opinion is that there is violation of the principle of
judicial impartiality, incentivized to make certain decisions, because verifying
of their legality, validity and motivation rests with colleagues who are in
the same court. The legislator makes a mistake by joining two judicial authorities
in the same court. Based on the analysis of the Convention on Human
Rights, the International Covenant on Civil and Political Rights, the
Russian legislation, scientific literature, jurisprudence and statistics it is
proposed to impose a duty to review all criminal cases on the magistrate and
district courts, turning regional courts into «full» courts of appeal.