Preliminary procedure of examination of cassation (supervisory) appeals in courts of general jurisdiction

Existing procedure of reference to the court with cassation or supervisory appeals presupposes the preliminary stage. Preliminary stage involves the stipulation that a complaint before processing in court hearing of cassation or supervisory instance should be preliminary studied by the judge at his/her sole discretion, whereupon the judge comes to the conclusion on possibility of submission of this complaint to court session. The subject of this article is to study this procedure. The existing procedure is recognized to be justified in legal practice, as well as in juridical literature. The ground for this justification, as a rule, lies in the necessity of maintenance of public interests. Therewith, there are no unified criteria on the basis of which it would be permissible to make a conclusion on the possibility of addressing a complaint to the court session of cassation or supervisory instance. Absence of such criteria leads to ambiguity in application of legal rules, which is not acceptable in the framework of modern legal system.