Author

MATEYCHUK V.I.

Title of article

COMPARATIVE CHARACTERISTICS OF THE LEGAL REGULATION OF APPEALPROCEEDINGS IN THE CRIMINAL PROCEDUREOF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

Section

Section 10. Comparative studies and foreign experience

Issue, year

4 (46) 2018

Abstract

The main provisions regulating the appeal proceedings in the criminal procedure of the Russian Federation, England and Wales, the USA, France, Germany, Ukraine, Kazakhstan, Belarus are considered in the article. A comparative analysis of the characteristics of the discussed institution in the states belonging to different legal systems is carried out in the context of the three main provisions
of the appeal proceedings which cause numerous discussions of the scientists dealing with criminal procedure: about availability of the criminal procedure provision, according to which the review of the
court decision by a higher court (cassation or supervisory court) can be carried out in full; about the duty of the court of second instance to re-examine the evidence according to the rules of the court
of first instance, based on the claims of one of the parties; about the right of the court of appeal to refer a case to the court of first instance for reconsideration.As a result of the research, the author
comes to the conclusion that consideration of cases in the court of second instance in different states has its own peculiarities determined by their belonging to the Anglo-Saxon or continental system of
law. Due to the fact that most similar legal institutions have the abovementioned basic provisions of the appeal proceedings, it is concluded that, despite certain criticism of these provisions, the existing model of appeal proceedings in the Russian Federation is generally optimal

Keywords

criminal procedure; appeal proceedings; court of first instance; court of second instance; court decision; evidence

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