Legal encyclopedia. Letter H

SUPERVISORY PRODUCTION

- this is the stage of the criminal process in which the court examines criminal cases on complaints and submissions to valid judgments, rulings and decisions of the courts.

The NP stage is an exclusive (facultative) stage of the criminal process.

The main objective of this stage is that it ensures the correct application of the law, correcting mistakes related to unjustified and unlawful judgments. Thus, it prevents violation of human and civil rights and freedoms, restores justice and carries out the main tasks of criminal justice.

The most important goal of this stage is the correction of sentences, rulings and decisions that came into force. This stage realizes the right of a suspect, accused, convicted, acquitted, their defender or legal representative, the victim, his representative, as well as the prosecutor to petition for review of the verdict that came into force, the ruling, the court decision.

Consideration of cases by way of supervision is a guarantee of protection of the rights and interests of citizens, as it allows to verify the legality and validity of court decisions that have already entered into legal force and correct mistakes made.

In the case of NP, there is a rule on the inadmissibility of turning to the worst when reviewing a judicial decision in the supervisory order, which consists in the fact that the supervisory review of the conviction, as well as the ruling and decision of the court, in connection with the need to apply the criminal law on a more serious crime , In view of the mildness of the punishment or on other grounds entailing a deterioration of the situation of the convicted person, as well as the revision of the acquittal or the ruling or order of the court to terminate the criminal case are not allowed.

The essence of NP is that authorized bodies can verify the verdict on the state of legality and validity, but if there are grounds for doing so.

The basis for verifying the legality and validity of a judicial decision in supervisory procedure is only the supervisory submission and the supervisory complaint, that is, if the suspect, accused, convicted, justified, their defenders or legal representatives, the victim, his representative, the petitions yes Are called supervisory complaints, the petition of the prosecutor is called the supervisory submission.

Reasons for the initiation of NP may be any information from which it becomes known about the illegality or unreasonableness of the verdict.

At the same time, the protest in the procedure of judicial supervision is not limited by any terms, unlike the appeal and appellate instances.

As a matter of judicial supervision, it is possible to review the case repeatedly in various supervisory instances, and in the cassation procedure the case can be examined only once in one court.

In the order of supervision, verdicts, rulings and decisions of the court of first instance, decisions made by a judge in the appointment of a court session, cassation rulings, decisions made at the stage of execution of sentences, decisions of lower-level supervisory instances may be reviewed.

This stage includes the following steps:

1) consideration of complaints, applications, motions and representations about protesting a sentence or other judicial act;

2) demanding and studying a criminal case with a view to resolving the issue of protesting a judicial act or refusing it;

3) bringing a protest;

4) consideration of the case for protest in the court of the supervisory instance;

5) decision making.

This production is similar to cassation. At these stages of judicial proceedings, common tasks, objectives, grounds for canceling or changing the verdict, a number of general rules for verifying the legality and validity of sentences.

In cassation proceedings, the subject of verification is a judicial decision that has not entered into legal force, and the supervisory subject of verification has a judicial decision that has entered into legal force.

In the cassation instance, the relevant court decision can be reviewed only once, and the supervisory judgment can be reviewed repeatedly.

The cassation appeal and cassation protest entail a compulsory examination of the case in a court of second instance, and NP is instituted only if the discretion of the relevant officials or judicial or prosecutorial authorities is available.