On the theoretical composition of the grounds for cassational appeals against sentences and other judicial decisions

Based on an analysis of the norms of the Code of Criminal Procedure of the Russian Federation that delineate the grounds for cassational appeals, this article concludes that the legislator has, in essence, identified a heterogeneous array of legal phenomena as such grounds. Not all cassational grounds constitute violations of legal requirements committed by subjects engaged in the criminal process. Furthermore, it is noted that the normative determination of cassational grounds varies significantly. Some grounds are defined in a definitive manner, meaning they are articulated in generalized formulations that highlight specific characteristics, while others are expressed in a formally defined manner as descriptions of particular violations of the norms of criminal procedural law or procedural situations arising during law enforcement. This article presents the notion of the system of cassational grounds as a mixed system, compositionally incorporating two subsystems: a definitive subsystem and a list-based subsystem. By examining the structural elements of these subsystems, the study aims to provide a comprehensive understanding of the theoretical underpinnings of cassational grounds, thereby contributing to the discourse on the functionality and coherence of the criminal procedural framework.