Judicial power realization in appeal process on criminal case

The renewal of appeal proceedings in Russian criminal procedure occurred when thecourt system was reformed and appeal proceedings linked the courts of the federal subjects (magistrates) with the federal courts. Sentencesof magistrates could be reviewed in three higher judicial instances and sentences of federal courts - in two. It came to a conundrum:misdemeanour criminal cases were reviewed by more control judicial instances, which violated the constitutional principle of equalityof all before the law and in foro. This paradox is being eliminated: since January 1, 2013 according to Federal Law № 433-ФЗ of December29, 2010 the appeal proceedings will become a single court of appellate jurisdiction to review sentences and other decisionsmade by all courts of primary jurisdiction which have not taken legal effect. There will be established a revision body with a right tocontrol the procedure in criminal cases to the full extent for all convicted defendants and a collegial review of decisions made by federalcourts. The procedure in the appeals instance has its own purpose, subject, special judicial powers and its own procedural order of exercise.Appeal petitions are laid in the court which has made the decision, therefore the Law prescribes two-level preparation to the appealsinstance court session: 1) preparative activities of a judge in the court, which has made the disputed decision; 2) preparative activitiesof a judge in the appellate jurisdiction court. There are differences in control object and the contents of decisions made by judges ofthe primary and appellate jurisdiction courts. Appeal procedure does not duplicate criminal proceedings. It is for the second time when acriminal case is heard by a differently constituted bench of the primary jurisdiction court after a higher court has quashed the sentence.Hearing of a criminal case, which was returned from a higher judicial instance for hearing by a differently constituted bench is alwaysits first court trial. It is the second time for participants of the trial. Appeal procedure is not an independent stage of judicial power realization,but it is its exercise. By sentencing in the appeals instance the judicial power exercises justice. Corrective justice is when courtspass sentences which change the previous ones. In addition, the judicial power exercises internal court review of decisions made bylower courts and judicial control of constitutional rights and liberties restriction.

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