Initial stage of production in the court of appeal institution

The subject, the purpose of the article is to analyze the introductory stage of the appellate process, where important procedural issues are resolved: the determination of admissibility, withdrawal of appeal or submission, the definition and status of the “rapporteur”, the possibility of expressing his opinion on the case, the possibility and expediency of clarification to the presiding judges of the appellate court trial of their rights. The legislative prohibition to ask questions to the court is critically assessed, from which it follows that the participants in the process, incl. and other judges - members of the board, do not have the right to ask questions to the speaker, which makes it impossible to discuss the decision. The methodology for investigating the stated problem is based on a comparative analysis of the current criminal procedural legislation with the norms of the Judicial Charters of 1864, the Criminal Procedure Code of the Republic of Kazakhstan of 1997, the Criminal Procedure Code of Ukraine of 1960. Results of the work. There are identified problem areas in the legal regulation of the initial stages of the consideration of crimi- nal cases in the appellate instance. It is proposed in the current criminal procedure law to provide for the duty of the presiding judge to explain the rights and obligations to the participants of the court session. It was concluded that the report on the case must be strictly informative, abstract, not appraisal, without subjective assessments, judgments, conclusions, respectively, an inadmissible expressive expression of the judge-rapporteur's opinion on the issues to be reported. The field of application of the results is the improvement of the criminal procedural legislation regulating the process of ap- pellate court proceedings, the development of the theory of the criminal process, the conceptualization of provisions that enhance procedural effectiveness in the court of appeal. Conclusions - based on the analysis of current legislation and law enforcement practice, proposals were made to amend and supplement a number of norms, in order to implement the objectives of the criminal procedural legislation in the appellate instance.