Violations of the law committed during the consideration of a criminal case by court as grounds for issuing a private decision (determination) by a superior court

The relevance of addressing the research topic is due to modern issues of the judicial criminal procedure effectiveness. Gross miscarriages of justice committed by courts in the process of resolving criminal cases on the merits give grounds for superior courts to review the activities of an inferior court. As the main means of ensuring the legality and quality of judicial proceedings, the law provides for the possibility of canceling and changing unjust sentences and other procedural acts. Along with this, higher courts are authorized to use such a procedural means of response as private decisions (determinations) of the court in cases of violation of the citizens' rights and freedoms and other violations of the criminal procedure law. However, their procedural potential often remains untapped. Drawing the attention of the courts to the possibility and necessity of using private determinations in their work to improve the quality of justice will allow to more efficiently reveal its considerable preventive value. An analysis of modern judicial practice has made it possible to classify the various grounds for issuing private determinations. Theoretical issues related to identifying the legal nature and place of private decisions (determinations) in the system of modern procedural acts have not been ignored.