Dikarev I.S. Overcoming the Contradictions Between Decisions of Appeal Court in Criminal Procedure
Dikarev Ilya Stepanovich
Candidate of Juridical Sciences, Associate Professor, Director of the Institute of Law, Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to the efficiency analysis of the legal order of overcoming contradictions arising in case of appellate claims and productions in appeal court after considering the given criminal case. The author comes to the conclusion that since the law assumes the secondary trial of a case in the appellate order, the decisions of appeal court rendered earlier are not considered to be prejudicial. The author goes against the correctness of the acting order of overcoming contradictions between decisions of appeal court as reconsidering such decisions depends on the election of the parties. In the author’s opinion, it is reasonable to insert changes into the criminal process legislation giving the appeal court the opportunity to reconsider the same criminal case, if it is necessary, and the right to reject decisions made earlier.
Key words: appeal, cassation, prejudice, appealing, right to judicial protection, appeal court, cassation court.
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