Correlation of Cassation Proceedings with Other Verification Proceedings in the Criminal Procedure of Russia

Abstract

The article discusses the issue of the place of modern cassation proceedings in the system of verification proceedings. To resolve this issue, a comparison is made of continuous and selective cassation with appeal and supervisory proceedings, respectively. The common features and differences of the verification production are revealed. It is stated that at present the procedure for continuous cassation is closer to the appeal proceedings, which contributes to its transformation into a regular verification proceedings. An analysis of scientific literature, proposals for further improvement of legislation made it possible to come to the conclusion that the further vector of development of cassation proceedings is seen not in transforming it into an ordinary inspection instance, but in strengthening the signs of exceptional production. In particular, it is necessary to prohibit filing a new cassation appeal to the same court of cassation and to fix the impossibility of appealing a court decision in a continuous cassation procedure without first appealing such a decision in the appellate instance.