Legal encyclopedia. Letter K

CASTING MANUFACTURE

- The stage at which the higher court on the complaints of participants in the process or the prosecutor's protest checks the legality and validity of the verdict of the court of first instance.

KP is one of the forms of supervision of the courts of first instance by higher courts.

The court of cassation instance reviews the legality, validity and fairness of the verdict and other judicial decision on cassation complaints and representations.

The purpose of this supervision is the timely correction of errors. In this regard, the legislator has established that the bringing of a cassation appeal or cassation protest pushes the moment of entry into legal force until the case is considered in the cassation instance and suspends the enforcement of the sentence.

This production has certain features:

1) freedom of appeal against sentences. The right to appeal in cassation is granted to all entities whose protection of rights and interests is related to decisions taken in the sentence: the defendant (convicted), the acquitted, the injured, the civil defendant, the civil plaintiff;

2) checking both the legality and validity of the verdict: on appeal, it is checked whether the requirements of the law have been observed in the proceedings in this criminal case, and whether the factual circumstances of the case are correctly established, whether the conclusions of the court of objective reality are consistent, whether the court has established the verdict in the verdict .

A comprehensive check is necessary to solve the tasks that the CP serves:

1) presentation (demand) of new materials;

2) prohibition (inadmissibility) of turning to the worst (prohibition of conversion to the worst) -admissibility of aggravating the position of the convicted person, justified (in comparison with the sentence) as a result of bringing

A cassation appeal to a convicted person,

Justified, their defender, legal representative.

KP serves the solution of important problems, which determines its significance:

1) it contributes to the achievement of the legality and validity of sentences (as well as court rulings, judgments of the judge), including those that have not been appealed and protested, since the very possibility of appealing, protesting a court decision, hearing a case by a second instance court has a preventive effect, Prompting the court, the prosecutor, the investigative bodies to observe the law. KP serves to identify violations of the law even before the sentence enters into legal force, i. In comparison with the verification of sentences in the order of supervision, most expeditiously;

2) contributes to preventing the use of illegal and unjustified sentences;

3) it serves to supervise judicial activity on the part of higher courts, the important form of which it is;

4) the task of ensuring the rights and legitimate interests of the individual

The defendant, the acquitted, the victim, the civil plaintiff, the civil defendant, since these persons have the right to appeal against the verdict on any issue whose decision infringes upon their rights and interests protected by law, and the court of second instance is obliged to examine these complaints, identify violations of the rights and interests of these persons, Take measures to eliminate them and prevent similar violations in the future. KP - an essential criminal procedure guarantee for the rights and interests of the individual;

5) KP as a procedural form of supervision over the legality of the activities of the courts, and on this basis and the activities of the investigative bodies serves to ensure the rule of law in the criminal process as a whole.

CASSATION

- a procedural form of appealing and challenging court decisions that have not entered into legal force.

Considering the complaint, the court of cassation verifies the legality and validity of the verdict or decision on the materials available in the case. Illegal and unjustified decisions and sentences are canceled or subject to change.

The court checks the criminal case in full - against all convicts and those against whom there has been no protest. The court checks the civil case in both the appealed and the unvulnerated part.

K. - a way of supervising higher courts for the activities of the lower ones. It makes it possible to identify and eliminate mistakes made, to ensure uniform application of the law, to guarantee participants in the process of protecting their rights and interests.

The cassation instance has broad powers.

When considering a complaint of a convicted person, the case can not be reversed for the worse.

Instructions of the cassation instance are mandatory in case of additional investigation and re-examination of the case in court.

The court of cassation has no right:

1) establish and consider as proved the circumstances of the case, not established by the court of first instance;

2) to prejudge questions about the evidence of the prosecution, on the reliability of any evidence;

3) to prejudge questions about the application by a court of first instance of a law;

4) to prejudge questions about the extent of punishment in a criminal case;

5) decide what decision should be made in the civil case.