criminal process in Russia has a special feature - the ability to review regulations, rulings, verdicts have taken legal effect, under the supervisory authority.In most foreign countries do not have such a procedural institute.However, due to the socio-political conditions prevailing in the territory of our state, it was necessary to its formation.
After spreading on the Russian laws and the European Court of Human Rights, the question was raised whether it is permissible are supervisory level and stage of the proceedings in its ramkah.Mezhdunarodny judicial body confirmed that its presence is not at odds with the principles and objectives of the Conventionfor the protection of human rights.But the passage of the supervisory phase is optional.Even without it, the complaint can be taken into production by the Court after the decision taken by the court in force.
supervisory authority aims to explore solutions downstream of the judiciary and in the future to make the necessary changes, cancel them if the proceedings were serious violations that led to the decision unlawful or unwarranted judgment.
Recall that the basic general courts - the district, mainly considering civil cases;magistrates involved in less serious civil cases;to the boundary, the republican, oblast and the Russian Federation Supreme Court of first instance are only some categories of del.Soglasno current legislation, the supervisory authority in the civil process is a two-stage structure.And provides appeal to the Presidium of the Supreme Court of the republic, as well as in the regional courts, and regional importance.Thus the decisions made by them, you can write a supervisory appeal, which is served in the Judicial Board on Civil Cases of the Armed Forces.They are divided into supervisory complaint made by the decisions determining the decision that the courts have considered the supervisory authority, and those complaints which can be examined in the framework of the Presidium of the Court Federatsii.Otnositelno subjects of criminal proceedings, is to talk about the changes that were made to theCode of Criminal Procedure and entered into force on 01.01.2013 year.According to the Law, null and void the chapter "Production in supervising instance."Urgent instead becomes head of the "Proceedings in the court of supervisory instance."Accordingly, her application to be considered solely in the Presidium of the Supreme Court.So now the courts of the area, the region, the judicial board on criminal cases can not engage in the production of cases as the supervisory authority.
Under the new law, the circle of persons who may appeal final judgments by adding the following: a special prosecutor and other persons whose rights and interests are affected by the court decision, as well as the Attorney General, the public prosecutor of the subject of the Russian Federation and the military prosecutor, their deputies.
