Modern problems of appeal in domestic criminal proceedings

The main goal of the research is to develop an optimal appeal mechanism as the most important criminal procedural means of ensuring the rule of law in domestic criminal proceedings and protecting the rights and legitimate interests of its participants. To attain this objective, fundamental scientific research of all possible aspects of the appeal is necessary, the most important of which are the the oretical structure, the legislative model and the experience of law enforcement. Within the framework of this goal, the following tasks were formulated and solved: the study of scientific positions, points of view of individual scientists on the essence, meaning, structure, functioning of the appeal mechanism, the basics and details of the legislative regulation of this mechanism in terms of the principles of appeal, determination of the subjects of the right to appeal, the content of this subjective law, ways and means of its implementation, including the form of filing a complaint, contacting persons authorized to consider complaints, etc.

The basis for the study was the hypothesis put forward about the imperfection of the legislative model of appeal, the presence of gaps and the inconsistency of normative legal regulation. The hypothesis, in turn, is based on numerous critical assessments of scientists, addressed both to the appeal in general and to its individual elements.

The research methodology is based on traditional general and particular scientific methods, the totality of which made it possible to obtain new knowledge about the content of criminal procedural appeal, to identify the reasons for the emergence of fundamental and applied problems accompanying the filing of complaints, the grounds and patterns of manifestation of constraint or complete deprivation of certain subjects. criminal procedural relations, the right to appeal, to obtain other scientific knowledge that is significant for the resea rch being carried out.

The results of the study were conclusions based on the author's assessment of the existing in the theory of criminal procedure and the practice of legislative regulation of criminal procedural appeal of the situation, as requiring urgent correction due to many problems that complicate or significantly limit the constitutional rights of participants in criminal proceedings. These problems include: 1) the lack of fundamental rules that can form a modern appeal mechanism that meets the interests of participants in criminal proceedings; 2) the unresolved issue of freedom of appeal and the absence of a real procedural mechanism to ensure the implementation of this rule; 3) theoretical and legal uncertainty in the issue of abuse of the right to appeal; 4) shortcomings in the legal status of the investigator and the interrogating officer as a result of ill -considered deprivation of their right to appeal, etc.

The following main conclusions are drawn:

1. Modern scientific research concerning appeal is mainly aimed at solving the problems of revising judicial and other decisions. Considering that revision is an independent direction of criminal procedural activity, and the appeal is the basis for revision, we believe it is necessary to conduct an independent fundamental comprehensive study of the problems of criminal procedural appeal.

2. Among the most pressing problems of theoretical appeal is the need to form a fundamental basis for appeal, improve the mechanism for its implementation, as well as study the possibilities of optimizing the procedural status of participants in criminal proceedings to exercise the right to appeal.

3. The solution to many law enforcement problems could be a change in the criminal procedural legislation in terms of the development of the institution of appeal, clarification of its procedural forms, including the expansion of methods of filing complaints, for example, orally or by sending an electronic document.

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