Recusal of a judge in courts of cassation

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Introduction: the author considers attitudes of new general jurisdiction courts of cassation on recusal in criminal proceedings, studies situations when the judge should be disposed of the examination of the case. Materials and Methods: the author used methods of scientific analysis, generalization, comparative method of legal study. The empirical base were of court practice, court decisions on criminal cases made by new courts of cassation in resentences of general jurisdiction courts of various regions of the Russian Federation from 2019 to 2020. Results: according to the study results the author suggests to expand the grounds to recusal in criminal trials; allow appeal of a decision of the judge on refusal to satisfy petition on recusal. Discussion and Conclusions: the survey helped identify typical mistakes of judges when considering criminal cases related to violations of the provisions of the Criminal Procedure Code of the Russian Federation

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Recusal of a judge, impartiality and objectivity of a judge, personal interest of a judge, cancellation of a sentence

Короткий адрес: https://sciup.org/142229923

IDR: 142229923   |   DOI: 10.37973/KUI.2021.28.93.016

Статья научная