Possible prospects of the development of the system of appeal and verification of court decisions in the criminal procedure under the implementation of the draft Federal Constitutional Law "On Amendments to the Federal Constitutional Laws in Connection with the Establishment of Cassation Courts and

The article analyzes the tasks of the forthcoming reform of the judicial system of the Russian Federation. The tasks formulated in the Explanatory Note to the draft of the Federal Constitutional Law "On Amendments to the Federal Constitutional Laws in Connection with the Establishment of Cassation Courts and Appellate Courts of General Jurisdiction" are: to provide for the principle of instances in the construction and operation of the system of appeal and verification; to introduce the principle of extraterritoriality in the construction and operation of the district appellate and cassation courts; to ensure optimization in the distribution of the burden in the administration of justice in the first, appeal, cassation and supervisory instances, as well as in reviewing the criminal case for new and newly discovered circumstances; to ensure the extraordinary nature of the supervision. It is noted that the achievement of these tasks can give rise to certain procedural problems that, in their totality, can cast doubt on the results of the reform of the system of appeals and verification of court decisions conducted in 2010. The possible procedural problems are: 1) in the conditions of extraterritoriality, the failure to provide for reasonable terms and requirements of Chapter 45.1 of the Code of Criminal Procedure of the Russian Federation (RF CPC) when checking interlocutory judgements of the court of the territorial entity of the Russian Federation on appeal; 2) in the conditions of extraterritoriality, the inability to provide for a full, approximate court of a second instance for the final decisions of the court of the territorial entity of the Russian Federation; 3) the possibility of a situation in which the vector of the appellate checks will differ (despite the single, unified procedure fixed in Chapter 45.1 of the RF CPC) depending on whether the decision of the justice of the peace, a district court or a court of the territorial entity of the Russian Federation is checked in the conditions of extraterritoriality. It is noted that the tasks formulated as benchmarks for the forthcoming reform of the judicial system should be coordinated with the tasks that were set for the 2010 reform. Otherwise, there is a high likelihood of losing continuity in the reform of the system of appealing and verifying court decisions, including in the criminal procedure. It is concluded that the changes introduced into the current judicial system presuppose systemic changes in the relevant procedural laws (civil, criminal and administrative). However, even if the procedural laws are adapted to the reformed judicial system, the probability of occurrence of the above mentioned problems is very high, and requires, above all, the availability of a developed and coordinated concept not only of the system of appeal and verification of court decisions, but also of the criminal procedure policy as a whole, which has not yet been formed.

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