Forms of Criminal Procedure Appeal

Abstract

Criminal procedural appeal is a special way of protecting the rights and legitimate interests of citizens and participants in legal proceedings empowered. Each part of the judicial proceedings has its element. The effectiveness of the implementation of the appeal is due to the clarity of the structuring of the relevant legal participants and their adaptation to the specifics. The purpose of this work is to formulate and raise for a wide scientific discussion the problem associated with the allocation of forms of appeal in certain parts of the division of legal proceedings and the proposal of author's approaches to its resolution. The scientific novelty of the work is due to the fact that it is, in fact, one of the first works devoted to the analysis of the forms of criminal procedure appeal. Based on a combination of traditional scientific methods (dialectics, hypothetical, systemic, functional-structural, logical and other types of analysis, generalization, modeling, and others), a scientifically based vision of only two forms of appeal is formed: pre-trial and judicial, differing in objective and essential features. The author believes that these forms as a whole form a complex of criminal procedural appeals. The proposals contained in the study can be used in legislative activities to improve the criminal procedural norms devoted to the institution of appeal.