Dikarev I.S. Supervisory Powers of Chairman and Deputy Chairman of the Supreme Court of the Russian Federation at the Procedure Stages in Cassation and Supervisory Courts
Candidate of Juridical Sciences, Associate Professor, Head of the Institute of Law, Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article deals with the issues related to implementing the powers by the chairman and deputy chairman of the Supreme Court of the Russian Federation on repeal of decrees decerned by judges of cassation and supervisory courts concerning the dismissal of transferring the cassational and supervisory appeals for hearing at the session of cassation court or Presidium of the Supreme Court of the Russian Federation. In courts of regional level such control by court officials is not carried out, and that leads to inequality of parties’ rights and unjustified differentiation of procedure form of cassation court procedure stage. In this connection the author suggests to empower the chairman of regional court to reject the “negative” decision of judge and to transfer cassation appeals to court sessions. The article criticizes the power of chairman and deputy chairman of the Supreme Court of the Russian Federation to direct cassation appeals to superior court in case of their zero or partial granting
(p.6 art. 401.14. CPC RF). This power does not comply with the current structure of reconsidering valid court decisions, and contradicts the constitutional principles of parties’competitiveness and judges’ independence.
Key words: criminal procedure, cassation court, supervisory court, Chairman of the Supreme Court of the Russian Federation, principle of judicial independence, competitiveness of parties.
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