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Title

A range and freedom of appeal as a common term for appeal proceedings in criminal process of Russia

Author

Smirnov Viktor Petrovich

was born on June 27, 1961. In 1986 he graduated from Sverdlovsk Law Institute. In 2003 he defended a Candidate’s thesis “Principle of controversy in criminal cases in the court of primary jurisdiction”. Now he is a Vice-chairman of Chelyabinsk regional court. Research interests: criminal process.

Kudryavtseva Anna Vasilievna

was born on July 6, 1966. In 1988 she graduated from the Faculty of Law of the Karaganda State University. In 1993 she defended a Candidate’s thesis “The use of forensic medical knowledge in crime investigation”. In 2001 she defended a doctorate thesis «Forensic investigation as the institution of law in criminal procedure». Now she is a professor of Criminal Procedure and Criminalistics Department of South Ural State University. She is the author of more than 100 publications. Research interests: forensic investigation, evidence law in criminal proceeding. E-mail: acifna@mail.ru.

Section

Problems and Questions of Criminal Law, Criminal Justice and Criminalistics

Abstract

The article states and considers such common term of appeal proceedings in correspondence with the Federal Law No. 433-ФЗ of December 29, 2010 as a range and freedom of appeal from judgments which have not yet become effective in law. In the content of the common term there is not only free format appeal but 1) a range of participants of criminal proceedings and other concerned parties having the right to appeal from judgments; 2) freedom of expression of will by the parties at appeal from judgments in an appellate procedure including the right to stop proceedings by means of recall of appeal and adduction; 3) a wide range of grounds for appeal from judgments which have not yet become effective in law; 4) a wide range of final and interim judgments which are under appeal. The authors define each constituent part of this common term and the content of the term.

Keywords

appeal from judgments, appeal proceedings.

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References