Criminal procedural features of the appellate review of judicial decisions made during the execution of the sentence

The article considers the peculiarities of the appeal and review of judicial decisions made in criminal enforcement proceedings. The author concludes that the problem of the review of such decisions is highly relevant due to their specific legal and social value, as the socio-legal conflict, which formed the basis of the criminal proceedings, is often finally resolved at the end of the execution of the final court judgment. The specificity of forensic verification activities in relation to decisions made in the course of execution of the sentence is determined. It is concluded that this specificity is due to a set of procedural and extra-procedural factors: the legal nature of certain decisions made in the course of execution of the sentence, the nature of the appeal of this type of decision, the range of subjects of appeal, the list of judgments to appeal, etc. A classification of decisions made by the courts when considering the issues that arise during the execution of the sentences is proposed: they are conditionally differentiated into intermediate and final. The criteria by which intermediate decisions may be appealed separately from final ones are determined. Among them are the properties of intermediate court decisions made in the course of execution of the sentence: affecting the constitutional rights of participants in criminal proceedings; violating the access of participants of this type of production to justice; violating the right of participants to a trial within a reasonable time; preventing further development of the case. The specificity of the instance rule for handling complaints and petitions on decisions made in the execution order is determined. The range of subjects of the right to appeal such decisions. It includes only those participants of the proceedings, whose rights and legitimate interests are affected by judicial decisions. These do not include bodies and institutions of the penitentiary system, because they do not have their own interest in this case, public interest in this type of production is protected by the prosecutor. Victims can be subjects of the right to appeal if their rights and legal interests are affected by the decision. Given the specificity of the contested judgments, the court of appeal should not conduct a judicial investigation and an oral hearing. The court considering the appeal should provide an opportunity for interested persons to participate in the proceedings, including by a video conference, but absence of these persons can not prevent the consideration of the complaint. The grounds for cancelling or changing the judgment made in the course of enforcement proceedings are fixed in Art. 389.15 of the RF Code of Criminal Procedure: inconsistency of the court conclusions on the facts of the case, incorrect application of criminal law, violation of criminal procedure law, injustice of the decision.

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