Instances as a general condition of appeal proceedings in the criminal procedure of Russia

The general condition for level arrangement is that for the appeal (Art. 389.3 CPC RF), cassation (Art. 401.3 CPC RF) and supervisory procedure for (Art. 412.3 CPC RF) judicial decisions examination by legislator a strict sequence of complaints, recommendations of the courts of different judicial instances is established. Persons having the right to make appeal, cassation and supervisory complaints or recommendations make complaints to a higher court in relation to the court which renders the decision appealed and only after resolution of the complaint, recommendations on the merits in the lower court trial related participants have the right to seek for judicial protection of violated interests and rights to a higher court. The article considers the level arrangement as a general condition of the revision of decisions of courts of first instance, which are not yet in force. The author points out controversial provision that lodging and review of decisions of lower courts can only be in a higher court. We consider the difference between the concepts "link in the judicial system" and the "judicial instance". The authors stand for a point of view, according to which the consideration of complaints about the decisions of the courts of a certain level in the same court (but of another instance), as well as the existence of a hierarchy of different instances in one link of the judicial system does not violate the right to appeal to a higher court decisions trial, as enshrined in Art. 50 of the Constitution of the Russian Federation. The authors consider discussions on single and panel hearing in the court of appeal analyzing different views of the scientists and experts and come to the conclusion that the order of single and panel hearing in the court of appeal is the most effective at present.