Warranties against abuse of right to appeal the judicial decision res judicata

The legal force of the resolution must be ensured in the current procedural law to ensure that participants in criminal proceedings cannot abuse the right to appeal this resolution. The need for the system of such warrantees in the design of exclusive proceedings (proceedings aimed at verifying court decisions that have entered into force) has been repeatedly emphasised by the European Court of Human Rights. However, when formulating and regulating such warrantees, it must be borne in mind that their system should not restrict the right to appeal to such an extent that it becomes illusory. Such warrantees include the admissibility of the complaint; the requirement for the right to appeal to be conditional; the complicated mechanism for complaint consideration; the preclusive term for the right to appeal. The author has analysed the norms of the Code of Criminal Procedure of the Russian Federation and concluded that some warrantees are not found there, while those that are fixed need adjustment. Otherwise, they are not able to guarantee against abuse of the right to appeal and ensure the legal certainty of a judgment that has become res judicata.

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