Procedural procedure for supervisory proceedings in criminal proceedings. Supervision in criminal proceedings

Supervisory proceedings are a stage of criminal proceedings in which a higher court, based on complaints from the parties to the case or on the proposal of the prosecutor, verifies the legality and validity of the entered into legal force a sentence, ruling or court decision made at first instance, as well as court decisions made by cassation and appeal authorities or lower supervisory authorities.
Supervisory review is an important guarantee rights to legal protection, one of the ways to protect rights and legitimate interests citizens as participants in criminal proceedings on the prosecution and defense sides.

Supervisory proceedings, according to the Code of Criminal Procedure of the Russian Federation, are a mechanism designed to correct miscarriages of justice contained in the provisions entered into legal force in the interests of protecting the rights of convicted persons.

Review by way of supervision, which can take place in the Supreme Courts of the constituent entities of the Federation and in the Supreme Court of the Russian Federation, is important for all judges, since the court decision supervisory authority the conclusion about the violations of the law committed in the case and ways to correct them is substantiated.

Solutions, accepted by the courts, considering the case in the manner of supervision, reflecting issues arising in judicial practice, serve as the basis for the issuance of decisions of the Plenum of the Supreme Court of the Russian Federation, which, on the basis of the law, explain issues arising in the practice of courts, including when checking court decisions in the manner of supervision.

In supervisory proceedings, as well as in (appeal) proceedings, the legality and validity of the court decision is checked.
The cassation (appeal) instance verifies court decisions that have not entered into legal force, which are subject to execution only after the decision of the court of second instance, and the subject of supervisory proceedings is a court decision that has entered into legal force, the execution of which is not suspended in connection with the supervisory procedure.

In cassation (appeal) proceedings, the case can be considered only once, while in the order of judicial supervision, the case can be considered repeatedly in various instances.
The supervisory complaint or presentation must contain:

the name of the supervisory court to which the complaint or presentation is filed;
information about the person who filed the complaint or presentation, indicating his procedural status, place of residence or location;
an indication of the sentence or other decision that is being appealed, and the name of the court that decided or rendered it;
arguments of the person who filed the complaint or presentation indicating the grounds for canceling or changing the court decision;
a list of materials attached to the complaint or presentation;
signature of the person filing the complaint or presentation.

The following are attached to the supervisory complaint or presentation:

a copy of the verdict or other court decision that is being appealed;
copies or court rulings appellate court, court rulings cassation instance, decisions of the supervisory court, if they were issued in this criminal case;
V necessary cases copies of other procedural documents confirming, in the applicant’s opinion, the arguments set out in the supervisory complaint or supervisory submission.

Complaints are sent “directly to the court of supervisory authority”, which has the power to review the appealed court decision (Part 1 of Article 404 of the Code of Criminal Procedure of the Russian Federation).

The supervisory court must consider the complaint or presentation within 30 days from the date of its receipt. The judge, having examined the received complaint or presentation, and, if necessary, the case requested by him, makes a decision: to refuse to satisfy the complaint or presentation or to initiate supervisory proceedings and transfer the complaint or presentation to a court of supervisory authority.

This resolution must contain a statement of the grounds for refusing to satisfy the complaint or presentation, namely, the grounds for recognizing the arguments of the complaint or presentation as unconvincing, contradicting the case materials or the law. From this resolution, the person who brought the complaint (representation) must understand the reasons for refusing to satisfy the complaint (representation). Convincing grounds for refusing to satisfy a complaint (representation) will deter the applicant from further appeals to the supervisory authority.

In Art. 406 of the Code of Criminal Procedure of the Russian Federation does not indicate that the judge’s decision to refuse satisfaction supervisory complaint or submissions are reviewed and approved by the chairman of the relevant court. Consequently, the decision made by the judge is sent to the applicant, who can appeal it, to the chairman of this court or his deputy.

In paragraph 4 of Art. 406 of the Code of Criminal Procedure of the Russian Federation states that the chairman of the Supreme Court of the republic, regional, regional court, city courts federal significance, ships autonomous region and courts of the Autonomous Okrug or Chairman Supreme Court The Russian Federation or its deputy has the right to disagree with the judge’s decision to refuse to satisfy the supervisory complaint or presentation.

The chairman of the court or his deputy considers the complaint about the refusal to initiate supervisory proceedings within the limits of the powers granted to him and makes one of the decisions provided for in paragraphs. 1 - 2 hours 3 tbsp. 406 Code of Criminal Procedure of the Russian Federation. In view of the need to comply with the authority of supervisory proceedings, a complaint against a judge’s refusal to initiate supervisory proceedings must be considered by the chairman of this court, and only after his refusal to initiate supervisory proceedings can one file a supervisory complaint or presentation to a higher court for the purpose of appealing both previous court decisions and the refusal judges in initiating supervisory proceedings.

If the case was requested by the court, then the decision made as a result of consideration of the supervisory complaint or presentation is attached to the case. If the case has not been requested, then the judge’s decision is sent for inclusion at the place of its location. In any case, a copy of the judge’s decision to refuse to initiate supervisory proceedings must be given to the person who brought the complaint (representation), and if he appeals to a higher supervisory authority, this decision must be attached to the new supervisory complaint (representation) (clause 2, part 2 Art. 404 of the Code of Criminal Procedure of the Russian Federation).

If the initiation of supervisory proceedings was refused by the judge and the chairman of the Supreme Court of the republic, the regional, regional and corresponding court, and the judge of the Supreme Court of the Russian Federation satisfied the complaint and initiated supervisory proceedings, then the decision of the judge of the Supreme Court of the Russian Federation, together with the criminal case, if it was requested, sent for consideration by the Presidium of the above-mentioned court. This preserves the authority in the consideration of the case, since in case of disagreement with the decision of the Presidium of the Supreme Court of the republic, the regional court, a supervisory complaint (presentation) can be brought to the Supreme Court of the Russian Federation.

As a result of consideration of a criminal case, the supervisory court has the right to:

leave the supervisory complaint (representation) unsatisfied and the appealed court decisions unchanged;
cancel the verdict, ruling or ruling of the court and all subsequent court decisions and terminate the proceedings;
cancel the verdict, ruling or ruling of the court and all subsequent court decisions and transfer the criminal case for a new trial;
overturn the verdict of the appellate court and transfer the criminal case to a new one appeal hearing;
cancel the court ruling

Supervisory proceedings in criminal proceedings play a control role. Despite the similarity with the appellate and cassation procedures, it has its own characteristic features. What is the essence of this stage? Who has the right to initiate a protest, and in any case will a directed protest by a convict, defense attorney or prosecutor have the expected result? Which government agency is authorized to carry out the specified proceedings? Let's take a closer look.

The fact that supervisory proceedings are a separate stage is confirmed by the following aspects:

deadlines;
participants in legal proceedings;
Availability procedural status participants in the process;
The result is the adoption of a certain special resolution in documentary form.

From Chapter 48.1 of the Code of Criminal Procedure, supervision can be defined as follows - this is a separate stage of criminal proceedings for the review of acts that have entered into legal force and are in force by the Supreme Court of the Russian Federation for their legality.

The special role of the supervisory authority (in criminal proceedings) is determined by several aspects:

The main tasks, the solution of which was provided for by the legislator, are :

Carrying out the tasks conceived by the legislator, this stage of legal proceedings has its own important significance:

guarantee constitutional law, the convicted person is given the right to use all possible methods of defense;
obstacle to the execution of verdicts rendered due to non-compliance with material and procedural rules that do not meet the principles of validity and fairness;
the formation of a nationwide practice of applying the law, the position of the Supreme Court of the Russian Federation (clarifications of the Plenum of the Supreme Court), stated taking into account decision taken, is fundamental for similar cases in the future;
increasing the level of legality when using clarifications of the supervisory authority in the activities of judges.

Review by way of supervision is needed by the judiciary as a system of self-examination; the conclusions drawn regarding law enforcement activities are mandatory for all government agencies without exception.

Between the different stages of checking for legality there is common features:

Pursued goals.
Legal meaning.
The function of checking the work of lower-level bodies administering justice.
Prohibition on worsening the situation of the convicted person.
Monitoring the legality and validity of the acts issued (Article 401.1 provides for an identical task for cassation).
Indications of errors and the need for correction are binding.
Grounds for recognizing the appealed acts as illegal.

At the same time, the stage of judicial review differs significantly from the appeal:

The main difference is the appeal of an act carried out by the correctional system, for appeal provided short time before the execution of the sentence begins.

The points that differ from the cassation procedure are contained in the table.

Cassation appeal	Appeal by way of supervision
Participants in legal proceedings
Convicted/acquitted, defense lawyer, representative, victim, private prosecutor, civil plaintiff, civil defendant (on issues claims), as well as other persons (an applicant who was refused to open a case, the owner of property that has been seized or is the subject of a crime), a prosecutor not lower than a deputy prosecutor of a constituent entity of the Russian Federation.	Applicants, officials (Prosecutor General of the Russian Federation, deputies)
Objectives
Verification of compliance with legality and validity in decisions of justice authorities.
Documents appealed
Handed down by district and magistrate courts, as well as on appeal.	Same + cassation definitions, decisions of the lower supervisory authority.
The government agency considering the case
Art. 401.3 defines proper handling. In summary, this is higher authorities justice in a subject of the Russian Federation, in a military district, as well as the Supreme Court.	Supreme Court of the Russian Federation
Guarantee of investigation upon receipt of a complaint
A properly drafted complaint guarantees consideration and a determination.	There is no such guarantee; the decision to request materials depends on the opinion of the judge conducting the initial review.
Issues covered
checks compliance with the law and the basic principles of the final resolution on the charge, but only in the part appealed by the person and in relation to those convicted persons referred to in the complaint or presentation	Unlimited by the request of the applicant, authorized to check everything he considers necessary, the scope of the study has no boundaries. If there is a plurality of persons found to have committed a crime, the verification functions will affect all accomplices, even if the petition is filed by only one.
Deadlines for filing a protest
They have no restrictions, appeal is possible during the period of execution of the sentence.

The procedure for receiving a complaint, which will be discussed further, is also not similar to the cassation procedure.

The review procedure, established on the basis of many years of practice, consists of several stages:

The court hearing is held with the participation of persons who filed a petition. The prosecutor must be present. The absence of other participants does not prevent the hearing. Everything that happens is recorded in the protocol. Participants who have read the protocol bring comments if they detect inaccuracies or distortions.

The speaker explains the circumstances of the case, colleagues can ask and clarify points of interest. Then the prosecutor is heard. Participants summoned to the meeting have the right to speak, giving substantive explanations. If several persons appear, the applicant will be heard first.

Any issue is put to a vote, the majority of votes being the deciding factor. It is the majority, the equality of the number of voters for the revision, that gives the exact opposite negative result. At the end of the meeting, a resolution is adopted that is not subject to challenge, valid from the moment of proclamation .

It is important to understand that the reversal of a guilty verdict for a convicted person does not give grounds to believe that a not guilty verdict will appear in a new trial.

The court is entitled to go beyond the scope of the received petition.

legal norms must be applied correctly, especially with regard to special legislation in the field substantive law;
there must be no procedural violations.

At the same time, the legislator emphasizes an important sign of flaws, the identification of which becomes the reason for cancellation or amendment. This sign is materiality.

What actions are included in the terms of reference of the Supreme Court of the Russian Federation are:

It should be understood that the cancellation may not affect all submitted acts, but only those issued in a certain instance - cassation or appeal; accordingly, a new consideration will continue from the specified moment.

When canceling or amending definitions or regulations, attention is paid to explaining the reasons. In the new process, it is important not to repeat similar mistakes.

After entering into legal force, the sentence may be canceled:

in cassation;
V supervisory procedure;
when new circumstances are established.

To prevent it from going to the ECHR, the highest Judicial authority the state checks the decisions of controlled authorities. There are not many situations when intervention is truly required.

Outside their state, Russian citizens have a conventional right to appeal to Strasbourg court(ECtHR), whose powers include:

For example, according to statistics received from the Supreme Court of the Russian Federation, a review was published that included all complaints that passed the initial filter during the calendar year and the results of consideration. According to this information, only 161 criminal cases were considered against 181 convicts (when, within the framework of one proceeding, general act for accomplices).

Of this number control body:

overturned 7 sentences and decisions;
changed 27 convictions.

As can be seen from the presented figures, the percentage of requests is extremely low. This can be explained by the fact that the initial check filters complaints for reasons; the violation of the law must be confirmed, and it must be significant. Simply writing about disagreement with the verdict is not enough; in order to save the time of highly qualified judges, such appeals are eliminated at the acceptance stage.

The conclusion can be drawn as follows: either this is the third stage of verification and the two previous stages - appeal and cassation only in rare situations fail to identify non-compliance with the law, or due to legal illiteracy, not all appeals reach the addressee, even if there are good reasons.

As mentioned above, a complaint or presentation is submitted directly to the supervisory court.

However, before a meeting of the supervisory court takes place, a number of preparatory actions are necessary, since proceedings in the supervisory authority are carried out in several stages (Fig. 8):

1) studying a supervisory complaint or presentation by a judge of the Supreme Court of the Russian Federation and making a decision to transfer the supervisory complaint, presentation for consideration at a court hearing of the Presidium of the Supreme Court of the Russian Federation or to refuse it;
2) consideration of a criminal case based on a supervisory complaint or presentation at a court hearing of the Presidium of the Supreme Court of the Russian Federation.

A supervisory complaint or presentation received by a supervisory court is subject to submission to a judge of the Supreme Court of the Russian Federation, who examines the supervisory complaint or presentation based on the materials attached to the complaint or on the materials of the requested criminal case.

Based on the results of checking and evaluating the arguments of the complaint or presentation, as well as evaluating the evidence available in the criminal case, the judge makes one of the following procedural decisions:

1) on the refusal to transfer a supervisory complaint or presentation for consideration at a court hearing of the Presidium of the Supreme Court of the Russian Federation, if there are no grounds for reviewing court decisions in the manner of supervision;
2) on the transfer of supervisory complaints, presentations with a criminal case for consideration at a court hearing of the Presidium of the Supreme Court of the Russian Federation (Part 2 of Article 412.5 of the Code of Criminal Procedure).

Any of these procedural decisions must be justified (Articles 412.7, 412.8 of the Code of Criminal Procedure).

The time frame for making these decisions varies depending on whether the criminal case was requested for study and decision-making or not. If the criminal case has not been requested, supervisory complaints or presentations are considered in the Supreme Court of the Russian Federation within one month from the date of their receipt, if the criminal case has been requested - within two months from the date of receipt of the complaint (Article 412.6 of the Code of Criminal Procedure). It should be borne in mind that if a decision is made to transfer the complaint to the Presidium of the Supreme Court of the Russian Federation, the criminal case must be filed in mandatory, since it is submitted to the supervisory court for consideration

Rice. 8.

authorities together with a supervisory complaint or presentation (clause 2, part 2, article 412.5, part 2, article 412.8 of the Code of Criminal Procedure).

The decision of a supervisory court judge to refuse to satisfy a complaint or presentation can be appealed to the Chairman of the Supreme Court of the Russian Federation or his deputies, who have the right to cancel such a decision and make a decision to transfer the supervisory complaint, presentation with a criminal case for consideration in a court session of the Presidium of the Supreme Court of the Russian Federation.

The complaint or presentation is considered by the supervisory court in a court session no later than two months from the date of the preliminary decision (Part 1 of Article 412.10 of the Code of Criminal Procedure).

The court notifies the persons participating in the case about the date, time and place of the hearing. In this case, notification of the participants in the process is allowed, including via SMS message, if they agree to be notified in this way and if the fact of sending and delivery of the SMS notification to the addressee is recorded. The fact of consent to receive SMS notification is confirmed by a receipt in which, along with data about the participant in the proceedings and his consent to notification in a similar way, the number mobile phone, to which it is sent (clause 12.1 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 11, 2007 No. 1).

These persons must be given the opportunity to familiarize themselves with the supervisory complaint or supervisory presentation, as well as with the resolution on the transfer of the supervisory complaint or presentation for consideration at a court hearing of the Presidium of the Supreme Court of the Russian Federation.

Violation of the right to timely notification of a court hearing of the supervisory authority is recognized judicial practice a circumstance leading to the reversal of a court decision in a criminal case.

For example, a notification about the date of consideration of the case and a decision to initiate supervisory proceedings were received by the institution executing the sentence of imprisonment on April 20, 2009, and handed over to the convicted person on April 21, 2009. The court hearing took place on the same day (April 21, 2009 g.), in connection with which the convicted person was unable to submit any proposals or objections, and was also deprived of the opportunity to submit a petition for his participation in the court hearing. Thus, violations of the criminal procedural law committed by the supervisory court resulted in the deprivation and limitation of the rights of the convicted person guaranteed by law.

The prosecutor, as well as the convicted person, the acquitted person, and the person against whom proceedings were conducted to apply a coercive measure take part in the court hearing. medical nature, their defenders and legal representatives, victim, private prosecutor, civil plaintiff, civil defendant, their legal representatives and representatives, other persons whose interests are directly affected by the complaint or representation. The participation of the prosecutor in the court hearing of the supervisory court is mandatory.

A ban has been established on the participation in court hearings of judges who have already formed their opinion regarding the appealed criminal case. Thus, the Chairman of the Supreme Court of the Russian Federation or his deputy, a member of the Presidium of the Supreme Court of the Russian Federation, who made a decision to transfer a supervisory complaint or presentation for consideration at a court hearing, can no longer participate in its consideration by the supervisory court (Part 2 of Article 412.10 of the Code of Criminal Procedure).

The court hearing of the supervisory court takes place in the following order.

The presiding judge opens the court session and asks the participants judicial trial whether they have any challenges or petitions. After resolving challenges and motions, the presiding judge gives the floor to the rapporteur.

The case is reported by a judge of the Supreme Court of the Russian Federation who has not previously taken part in the consideration of this criminal case. The rapporteur sets out the circumstances of the criminal case, the content of court decisions, the arguments of the supervisory complaint, the submissions that served as the basis for the transfer of the supervisory complaint, and presentations with the criminal case for consideration at the court hearing of the Presidium of the Supreme Court of the Russian Federation. The speaker may be asked questions by the judges.

In case of participation in the court hearing by the persons specified in Part 1 of Art. 412.1 of the Code of Criminal Procedure, they have the right to speak on the merits of the case. The first person to speak is the person who filed the supervisory complaint or presentation.

It should be noted that along the way court session The secretary keeps minutes according to the rules established by Art. 259 Code of Criminal Procedure. The parties have the right to familiarize themselves with the minutes of the court hearing and bring comments to it, which are considered in the manner established by Art. 260 Code of Criminal Procedure.

The decision on a complaint or presentation is made collectively, by a majority vote of the judges. The proposal most favorable to the convicted person is put to a vote first. If there is an equal number of votes cast for the review of the case and against its review, the supervisory complaint or presentation is considered rejected (Part 8 of Article 412.10 of the Code of Criminal Procedure).

Unfortunately, the legislator did not clearly indicate the deadlines for notification, and the court’s obligation to send copies of procedural documents to interested parties is not properly established.
See: Review judicial practice Supreme Court of the Russian Federation for the first quarter of 2010 // Bulletin of the Supreme Court of the Russian Federation. 2010. No. 9. P. 17.
The list of persons participating in the court hearing is given taking into account the position Constitutional Court of the Russian Federation, set out in Resolution No. 13-I1 of November 20, 2007.

Supervision in criminal proceedings

Proceedings under judicial supervision are an independent and exclusive stage of criminal proceedings.

The independent nature of this stage due to the specific features inherent in all (each) stage of the criminal process.

In particular, the main immediate task of this stage is to verify the legality, validity and fairness of court decisions that have entered into legal force in the field of criminal proceedings. The stages of judicial review proceedings have specific deadlines, which will be discussed below. Among the subjects of criminal procedural relations there are such participants in the process as applicants, officials who have the right to bring supervisory protests, and a court considering the case in a supervisory manner. Specific criminal procedural relations arise between the relevant participants in legal proceedings. These legal relations entail the adoption of decisions unique to this stage, drawn up in the form of documents on the refusal to file a criminal case, on the refusal to bring a supervisory protest, etc.

The exclusivity of the stage of judicial supervision manifests itself in a combination of signs, among which it is necessary to highlight the following. Firstly, the subject of this stage includes checking the legality and validity of judicial decisions of lower courts that have entered into legal force. The entry into force of court decisions means that they have acquired the force of law in relation to the persons specified in them and the established factual circumstances. These court decisions differ from the law in that the latter extends its effect to an indefinite circle of persons entering into the legal relations specified in it, and the legal force of a court decision extends its effect only to the factual circumstances established by this decision and the persons indicated in it.

Secondly, in the procedure of judicial supervision, the legality and validity of not only the verdicts of the court of first instance, but also the court decisions of subsequent higher authorities, including the supervisory court, is checked.

Thirdly, consideration of a case by way of judicial supervision is allowed only if there is a protest from a specially authorized official of the judicial body or the prosecutor's office.

Fourthly, filing a complaint, statement, petition, etc. does not entail an “automatic” review of the case through judicial supervision. Such a review is permitted by law only in the presence of a special decision (supervisory protest), adopted at the discretion of the appropriate official specified in the law.

Fifthly, the law does not provide any time limits for filing protests in order to improve the situation of the convicted person, because an illegal and unfounded sentence must be corrected. Such a sentence is subject to cancellation or modification in all cases, regardless of the period (moment) of its decision.

Proceedings under judicial supervision- an exceptional and independent stage of the criminal process, consisting of legal relations and the activities of its participants with the determining role of the supervisory court in establishing the presence or absence of factual and legal grounds for the cancellation or modification of court decisions of lower courts that have entered into legal force. The tasks of this stage are:

detection of errors made by lower courts when considering and resolving criminal cases;

Adoption provided by law measures to eliminate identified errors by canceling or changing court decisions of lower courts that have entered into legal force.

Stage meaning proceedings under judicial supervision are determined by its objectives and content and are as follows:

it is an important guarantee against the execution of illegal, unfounded and unfair court decisions that have entered into legal force. At the same time, this stage serves as a guarantee of the rights and legitimate interests of not only the convicted or acquitted person, but also other participants in the process: the victim, the civil plaintiff and other persons;

the stage under consideration, being one of the forms of judicial control over the activities of lower courts, forms their uniform application of the norms of various branches of legislation throughout Russia;

this stage, by forming a unified judicial policy in the field of criminal and criminal procedural law, helps to improve the quality of pre-trial preparation of materials and thereby strengthen the rule of law in activities bodies of inquiry, investigators and prosecutors;

the stage of judicial supervision ensures the implementation of the educational and preventive impact of awards, helps to strengthen law and order in the state, and educate law-abiding citizens.

The exclusive nature of the stage of judicial supervision does not deny the presence of characteristic features inherent in the stage of review of judicial decisions that have not entered into legal force.

These two stages combine many rules and institutions. These stages are characterized by the same:

goals and objectives (Articles 332, 376 of the Code of Criminal Procedure);

social and legal significance;

the auditing nature of checking the legality and validity of court decisions of lower courts (Article 332.380 of the Code of Criminal Procedure);

the subject of judicial control is the legality and validity of court decisions (Article 332.379 of the Code of Criminal Procedure);

rules for submitting additional materials to the court;*

the institution of prohibition of turning for the worse (Articles 340, 341, 380 of the Code of Criminal Procedure);

rules for mandatory instructions from courts considering a case by way of cassation or judicial supervision to lower courts and investigative bodies (Articles 352, 380 of the Code of Criminal Procedure);

the limits of giving instructions to lower courts (Article 352.380 of the Code of Criminal Procedure);

grounds for canceling or changing court decisions (Articles 342-347, 379 of the Code of Criminal Procedure).

The essence and content of the listed institutions and rules were outlined in the previous lecture.

At the same time, due to its exclusivity, the stage of judicial supervision differs significantly from the stage of review of court decisions that have not entered into legal force.

Their difference is:

in the nature and range of judicial decisions being reviewed;

in the participants in the process initiating appeal and cassation proceedings, on the one hand, and supervisory proceedings, on the other;

in courts reviewing criminal cases;

in the timing of initiation of proceedings and review of criminal cases;

in the powers of courts that verify the legality and validity of court decisions;

in structure and procedural order review of court decisions.

Court decisions that have entered into legal force are binding on all government bodies, institutions, enterprises, officials, public organizations and citizens and are subject to precise and strict execution. However, court decisions cannot retain legal force if a judicial error was made during their adoption, which was not eliminated by the cassation court. In case of doubts about the justice of court decisions that have entered into legal force, their legality and validity are verified by a higher court in the manner of judicial supervision. Supervisory proceedings are an exceptional stage of the criminal process, which consists of activities to verify the legality and validity of court decisions that have entered into legal force. The exclusivity of this stage is that the elimination of violations of the law when considering a criminal case is carried out in a special manner only after the court decision has entered into legal force, only after studying the complaint or presentation, the criminal case and the decision by the supervisory authority judge to initiate supervisory proceedings. The social significance of judicial review proceedings is that the control functions of higher courts in relation to lower ones and investigative bodies are implemented here; management of the activities of lower courts is carried out; judicial errors are eliminated; uniform application of laws by all courts in Russia is ensured; the rights and legitimate interests of participants in criminal proceedings are protected. Judicial review and cassation proceedings are control stages. Therefore, they have many common features. Supervisory and cassation proceedings have common goals, which are to verify the legality and validity of court decisions; they apply general audit principles for the consideration of criminal cases; It is equally permissible to present additional materials to the court hearing; There is a ban on turning the charge for the worse. The instructions of both the cassation and supervisory authorities are mandatory for execution by lower courts and investigative bodies; Finally, there are uniform grounds for canceling or changing court decisions; they are provided for in Art. 379, 409 Code of Criminal Procedure of the Russian Federation. At the same time, judicial review proceedings and cassation proceedings are not identical procedural institutions, but independent stages of criminal proceedings. Therefore, there are differences between them. In cassation proceedings, court decisions that have not entered into legal force are checked, and in supervisory proceedings - those that have entered into legal force. In the order of cassation, court decisions are checked only once, but in the order of judicial supervision, subject to the principle of instance, they can be examined repeatedly. Criminal cases are considered by cassation and judicial supervision by various judicial divisions. The list of courts considering a case by way of supervision and their competence is set out in Art. 403 of the Code of Criminal Procedure of the Russian Federation. In cassation proceedings, complaints from participants in the trial automatically entail consideration of the criminal case in this instance. After the verdicts enter into legal force, complaints from individuals or representations from the prosecutor are only a reason to request the case and verify it in the manner of supervision. However, the formal basis for consideration of the case can only be a decision of a judge of the supervisory authority to initiate supervisory proceedings and transfer a supervisory complaint or presentation to the court of the supervisory authority together with the criminal case. The supervisory authorities are: the Presidium of the Supreme Court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, the Presidium of a District (Navy) Military Court, the Military Collegium of the Supreme Court of the Russian Federation, Presidium of the Supreme Court of the Russian Federation. There is the following procedure for considering a supervisory complaint or presentation. A supervisory complaint or presentation is considered by a supervisory court within 30 days from the date of its receipt. If necessary, the judge considering a supervisory complaint or presentation has the right to request any criminal case to resolve the supervisory complaint or presentation. After examining the supervisory complaints or presentations, the judge makes one of the following decisions: to refuse to satisfy the supervisory complaint or presentation; on the initiation of supervisory proceedings and the transfer of a supervisory complaint or presentation to a supervisory court for consideration along with a criminal case, if it has been requested. The Chairman of the Supreme Court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district, the Chairman of the Supreme Court of the Russian Federation or his deputies have the right to disagree with the judge’s decision to refuse to satisfy a supervisory complaint or presentation.

In this case, he cancels such a decision and issues a resolution to initiate supervisory proceedings (Article 406 of the Code of Criminal Procedure of the Russian Federation). Next, the supervisory court begins consideration of the criminal case. The criminal case, together with supervisory complaints and presentations, as well as the materials attached to them, is considered by the supervisory court in a court session no later than 15 days, and by the Supreme Court of the Russian Federation - no later than 30 days from the date of adoption of the preliminary decision (Article 407 of the Code of Criminal Procedure of the Russian Federation). The court notifies the convicted person, the acquitted person, their defense attorneys and legal representatives, the victim, his representative and the prosecutor about the date, time and place of the hearing. The above-mentioned persons, as well as other persons whose interests are directly affected by the complaint or presentation, take part in the court hearing, subject to their filing a petition to this effect. These persons are given the opportunity to familiarize themselves with the supervisory complaint or presentation. The case is reported by a member of the Presidium of the Supreme Court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district, the Presidium of the Supreme Court of the Russian Federation or another judge who has not previously participated in the consideration of this criminal case. The rapporteur sets out the circumstances of the criminal case, the content of the sentence, ruling or resolution, the motives for the supervisory complaint or presentation and the issuance of a resolution to initiate supervisory proceedings. The speaker may be asked questions. Then the prosecutor is given the floor to support his supervisory submission. If the convicted person, the acquitted person, their defenders or legal representatives, the victim and his representative participate in the court hearing, then they have the right to give their oral explanations after the prosecutor’s speech. The parties then leave the courtroom. After the parties are removed from the courtroom, the Presidium of the Supreme Court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district, the Presidium of the Supreme Court of the Russian Federation issues a ruling, and the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation makes a ruling . The decision to cancel or change a sentence, ruling, or court order is made by a majority vote of the judges. If the judges have an equal vote, the supervisory complaint or presentation is considered rejected (Article 407 of the Code of Criminal Procedure of the Russian Federation). The decisions of the supervisory court are listed in Article 408 of the Code of Criminal Procedure of the Russian Federation. As a result of consideration of a criminal case, the supervisory court has the right to: leave the supervisory complaint or presentation unsatisfied, and the appealed court decisions unchanged; cancel the verdict, ruling or ruling of the court and all subsequent court decisions and terminate the proceedings in this criminal case; cancel the verdict, ruling or ruling of the court and all subsequent court decisions and transfer the criminal case for a new trial; overturn the verdict of the appellate court and transfer the criminal case for a new appeal hearing; cancel the ruling of the cassation court and all subsequent court decisions and transfer the criminal case for a new cassation hearing; make changes to the sentence, ruling or ruling of the court. In the cases provided for by paragraphs 2 - 6 of part one of Article 408 of the Code of Criminal Procedure of the Russian Federation, the supervisory court must indicate the specific basis for canceling or changing the court decision. In addition, the determination and resolution of the supervisory court must comply with the requirements of Art. 388 of the Code of Criminal Procedure of the Russian Federation, i.e. contain justification for the decision made by indicating those violations that, by force of law, are grounds for canceling or changing the sentence and subsequent court decisions. The ruling of the supervisory instance court is signed by the entire composition of the court, and the resolution - by the presiding officer at the meeting. The decision of the supervisory instance court is attached to the criminal case together with the supervisory complaint or presentation that served as the basis for initiating supervisory proceedings, the decision of the judge of the supervisory instance court in which this supervisory complaint or presentation was heard, as well as the resolution of the chairman of the supervisory instance court, issued in cases provided for in Part 4 of Art. 406 Code of Criminal Procedure of the Russian Federation.

As a rule, illegal sentences, rulings, and court decisions are canceled or changed during consideration in the cassation instance. However, firstly, not every criminal case becomes the subject of consideration in cassation, and secondly, even after consideration of the case in the cassation instance, serious errors and violations of the norms of criminal and criminal procedure law that are committed in the case, which undermine the legality, often remain undetected and the validity of sentences and other court rulings. There may also be cases where the cassation authority itself incorrectly resolved the case. To eliminate violations of this kind, there is a stage of supervisory proceedings, which is thus a form of supervision and guidance judicial activities lower courts by higher courts.

Supervisory proceedings- this is an exceptional stage of the criminal process, which is a check by the court of the appropriate supervisory authority of the legality and validity of court sentences, rulings, decisions that have entered into legal force based on protests from the relevant officials of the prosecutor's office and the court in order to identify and eliminate errors made by the courts of the first, second and supervisory instances .

As an independent stage of the criminal process, supervisory proceedings can be conditionally divided into two interconnected stages, each of which includes several parts. First stage - initiation of supervisory proceedings- consists of three relatively independent parts:

1) consideration of a supervisory complaint by authorized persons officials courts or prosecutor's office;

2) requesting, if necessary, a criminal case and studying it;

3) making a procedural decision to file a supervisory protest or to refuse to satisfy the complaint.

Second phase - consideration of a criminal case by a supervisory court- includes:

a) the preparatory part of the court session;

b) report of the case by the judge;

c) explanations of the persons who appeared;

d) the conclusion of the prosecutor or his support of the protest;

e) adoption and announcement of the decision.

When checking court decisions that have entered into legal force, methods and principles also characteristic of cassation proceedings are used - the audit principle and the inadmissibility of a turn for the worse. According to Art. 414 of the Code of Criminal Procedure, when considering a criminal case by way of supervision, the court is not bound by the arguments of the protest and is obliged to check the entire proceedings in the case in in full. If several persons are convicted in a case, and a protest is filed against one or part of the convicted persons, the court is obliged to check the case in relation to all the convicted persons.

When considering a criminal case by way of supervision, the court may mitigate the punishment imposed on the convicted person or apply the law on less serious crime, change the mode of serving the sentence, establish the actual beginning of the calculation of the term of serving the sentence and resolve other issues related to changing the sentence, but does not have the right to apply the law on a more serious crime, as well as increase the punishment, except for the cases provided for in paragraphs 4 and 5 of Part. 3 tbsp. 396 Code of Criminal Procedure.

Having recognized the acquittal of the accused or the termination of criminal proceedings in the court of first or cassation instance as incorrect, as well as the appointment punishment for the convicted person, due to its gentleness, not corresponding to the crime, the supervisory court has the right, in compliance with the requirements of Articles 387 and 388 of the Code of Criminal Procedure, to cancel the sentence or ruling and send the case for a new trial, respectively, to the court of first instance or cassation.

If an unjustified termination of a criminal case or an illegal mitigation of a sentence for a convicted person was committed during the consideration of the case by way of supervision, a higher supervisory authority has the right to cancel the ruling or resolution of a lower supervisory authority and uphold the court verdict and cassation ruling, with or without modification.

In the event that several defendants are convicted or acquitted in a criminal case, the court does not have the right to cancel the sentence, ruling, or decision regarding those convicted or acquitted in respect of whom no protest is filed, if the cancellation of the sentence, ruling, or decision worsens their situation.

It is also necessary to pay attention to the commonality of the tasks of supervisory and cassation proceedings, as well as the grounds for canceling or changing court decisions verified at the appropriate stages.

Within the framework of supervisory proceedings, decisions that have entered into legal force and therefore have the property of being binding for all individuals and legal entities. In this regard, the proceedings in question differ from the cassation audit in a number of ways: general conditions its implementation.

A complaint brought against a sentence or other court decision by an interested party does not entail the referral of the case to a supervisory authority. Review of court decisions by way of supervision is carried out only upon the protest of a prosecutor authorized by law, the chairman of the court or their deputies. This ensures the stability of court decisions.

By way of judicial supervision, a wider range of court decisions can be verified, including: decisions that are not subject to cassation appeal or protest; determination of the cassation authority; resolutions (definitions) of lower supervisory authorities.

The commencement of supervisory proceedings and the review of a court decision are not limited by any time limits if the protest raises the issue of the unfoundedness of a person’s conviction or the mitigation of his sentence. However, a review by way of supervision of a conviction, ruling, or court decision in connection with the need to apply the law on a more serious crime, for the leniency of punishment or for other reasons leading to a worsening of the situation of the convicted person, as well as a review of an acquittal or a ruling or court ruling to terminate proceedings on criminal cases are allowed within one year after they enter into force.

In supervisory proceedings, as in cassation proceedings, the legality and validity of a court decision is verified based on the materials of the criminal case and additional materials presented along with the protest (the presentation of additional materials in supervisory proceedings is not provided for by the Code of Criminal Procedure, but is allowed by judicial practice). At the same time, if in the cassation instance any new materials can be examined, then in the supervisory instance only those that relate to the circumstances that were the subject of investigation in court and do not indicate the presence of newly discovered circumstances. Thus, data on the commission of other crimes by the convicted person that were not disclosed at the time of the verdict, or materials indicating the deliberate falsity of the witness’s testimony cannot be taken into account. Such materials can be studied at the stage of reopening cases due to newly discovered circumstances. Additional materials are subject to assessment in conjunction with the evidence available in the case and, along with them, can be used as the basis for a decision only to overturn the verdict (clause 18 of the resolution of the Plenum of the Supreme Court of the USSR No. 2 of April 5, 1985 “On the application by courts of legislation regulating the revision in order to supervise sentences, rulings, decisions in criminal cases”).

The procedure for considering a case by a supervisory court differs from the procedure established for cassation proceedings. First of all, this concerns the limitation of such principles as transparency and competition.

In the cassation procedure, the corresponding court decision can be reviewed only once, but in the supervisory procedure it can be reviewed more than once, since there are several supervisory authorities and one (superior) has the right to review the decisions of another (lower). In this case, the principle of instance must be observed, i.e. the case is reviewed by supervisory authorities sequentially, starting from the lower supervisory authority and ending with the Presidium of the Supreme Court.

Supervisory proceedings serve as a guarantee of the protection of the rights and legitimate interests of the individual, as well as the implementation of the goals of justice in criminal cases. Restoring justice in specific cases is just one aspect of the activities of supervisory courts. Another, no less important aspect is the formation of judicial practice, its direction along the path of correct and uniform application of legislation.