Subject of continuous cassation: regulatory and legally applicable definition

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The author analyzes the changes in the legal positions of the Plenum of the Supreme Court of the Russian Federation on the content of the subject of cassation proceedings. The results of the study of the content of the cassation rulings issued in the order of continuous cassation, the purpose of which was to reveal in them conclusions about the assessment of the validity of the sentence, are presented. Examples from judicial practice are given, indicating that a violation of the requirement of the validity of a sentence is recognized by the cassation courts as a significant violation of the criminal procedure law. The author substantiates the need to eliminate the discrepancies between the normative and law enforcement definition of the subject of cassation. The results of the study of the content of cassation complaints for the presence of arguments about the unsubstantiatedness of the sentence are presented. The author expresses his opinion on including in the subject of continuous cassation the verification of all the requirements for the sentence.

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Cassation proceedings in a criminal case, cassation appeal of a sentence, continuous cassation, subject of a cassation verification, requirements for a sentence

Короткий адрес: https://sciup.org/147231547

IDR: 147231547   |   DOI: 10.14529/law200403

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