Cassation grounds for cancellation or change of judicial decisions in criminal proceedings

The improvement stage of the appeal proceedings as an exceptional stage must meet the requirements of the balance of the two values of legal certainty and of the right to judicial protection. These balance requirements should be met by cassation grounds for cancellation or change of judicial decisions, closely related to the subject of legal proceedings in cassation. The subject of the judicial review appeal, laid down in Article 401.1 of the RF Code of Criminal Procedure, is limited to questions of law that distinguishes this dimension from other forms of checking court decisions (appeals, resuming criminal case due to new or newly discovered facts). The article substantiates a position according to which questions of legality and reasonableness are closely connected, and the provisions of the law on the subject of appeal as legality only in essence does not mean that an enforceable decision may not be superseded by groundlessness, and only means that the appeal court cannot establish the actual circumstances of the case, since the law does not provide tools for this. The author believes that the definition of appeal grounds should lie in the determination of the solidity of the reasons why the presumption of the truth of judicial decisions entered into legal force and legal certainty of enforcement of the act can be overcome. The justification should include such a violation of the right to judicial protection, which in its fundamentality causes more damage to justice and its essence, which is the need for legal certainty. Questions of fact are subject to a judicial review in the court of appeal, if they resulted in a fundamental error in matters of law. The article also substantiates the expediency of establishing the time for appeal of enforceable court decisions (no time limit) review by arguments, improving the position of persons by associating them with the execution of a sentence, for example, not more than one year from the date when the punishment is fulfilled, by arguments that worsen the situation of persons within one year from the date of their entry into force. It is also necessary to provide the possibility of reinstatement of the time limit if it is missed for a valid reason, since the provisions of Article 130 of the RF Code of Criminal Procedure shall apply to appeal sentences entered into force.

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