On the issue of proving subject and limits in appeal proceedings in criminal cases

The appeals court conducts proving in the process of considering criminal cases. This raises the question of the independent significance of the subject relevant to proof in the appeals court, as well as the determination of its specificity. Taking into account the specificity of the appeal proceedings, it is necessary to determine the features not only of the subject, but also of the limits of the appeal proving. The author therefore concludes that the “subject of appeal proving” should beunderstood as a combination of factual circumstances, grounds and arguments, related to the reviewing of sentences, determined by the content of appeals and objections and requiring direct investigation of evidence in the appeals court. The term “limits of appeal proving” should be understood as the totality of the evidence examined by the appeals court, the content, quality and quantity of which allow to answer the case presented in the complaint, to check the legality, justifiability and fairness of the appealed judicial decision, and to make a legal and informed decision in the case.