RETROSPECTIVE ANALYSIS OF ESTABLISHMENT AND DEVELOPMENT OF APPELLATE PROCEEDINGS IN THE CRIMINAL PROCESS OF RUSSIA BEFORE 1917

The article examines the historical retrospective of establishment of the institute of review judicial decisions of the criminal cases that have not entered into force, from the point of view of the continuity of the modern stage of the reform of the criminal procedure law of the Russian legal tradition. The authors analyze the invalid normative legal acts regulating the procedure of criminal proceedings in the court of appeal. The principles of construction of judicial system in pre-revolutionary Russia are considered. The analysis of the historical retrospective of the formation and development of appellate proceedings in the Russian criminal procedure legislation until 1917 allows us to state that this period can be determined as a formative, since the appellate court was first introduced into the criminal justice system. The reasons for such changes, according to the authors, were, on the one hand, a fundamental change in the form of criminal proceedings, which evolved from inquisitorial to adversarial, and on the other — a significant expansion of the rights of the parties in terms of appealing court decisions. At this stage, for the first time at the legislative level, the subject and limits of the rights of the court of second instance were formulated, the system of appeal courts was built, the basic procedural rules of the judicial review of the case, the grounds for cancellation and change of the decisions of magistrates were regulated. According to the authors, the study of the processes of formation and reorganization of appeal proceedings in the criminal process of Russia allows not only to analyze the evolution of its content, but also to critically comprehend the modern criminal procedure legislation, to predict the trends of its development, as well as to formulate proposals for further improvement of the construction and functioning of the justice system.

the appeals court decision, the criminal process, the court, the parties, the appeal, the reform of the judicial system, appellate court, powers.

Kartashov I. I., Mamizhev N. N. Retrospective analysis of establishment and development of appellate proceedings in the criminal process of Russia before 1917. Business. Education. Law, 2019, no. 3, pp. 260–264. DOI: 10.25683/ VOLBI.2019.48.356.