The term "supervisory instance". Features of the supervisory procedure in civil and criminal cases

The criminal process in Russia has a special feature - the possibility of reviewing rulings, court rulings, and verdicts that have become lawful, within the framework of the supervisory authority. In most of the foreign countries there is no such procedural institution. However, because of the socio-political conditions prevailing in the territory of our state, there was a need for its formation.

After the laws and activities of the European Court of Human Rights were distributed to Russia, the question was raised whether the supervisory authority and the stages of legal proceedings within its framework were permissible. The International Judiciary confirmed that its existence does not conflict with the principles and objectives of the Convention for the Protection of Human Rights. But the passage of the supervisory stage is not mandatory. Even without it, a complaint can be accepted for action by the European Court after the entry of the decision taken by the court into legal force.

The supervisory authority has the purpose to investigate the decisions of the lower judicial bodies and subsequently to make the necessary changes in them, to cancel them if serious violations were committed during the proceedings leading to an order of an illegal or unjustified judicial decision.

Recall that the basic courts of general jurisdiction - the district, dealing primarily with civil cases; World judges dealing with less serious civil cases; To the regional, republican, regional and the Supreme Court of the Russian Federation of first instance are only a few categories of such cases. According to the current legislation, the supervisory authority in the civil process has a two-stage structure. And provides for appealing decisions in the presidium of the Supreme Republican Court, as well as in the courts of regional and regional significance. At the same time, they can write to the decisions issued by them a supervisory complaint, which is submitted to the Civil Chamber of the Armed Forces of the Russian Federation. They are subdivided into supervisory complaints made on decisions, rulings of the resolution, which were considered by the courts of supervisory authority, and on those complaints that can be investigated within the framework of the work of the presidium of the court of the subjects of the Federation. Concerning the criminal proceedings, it is worth mentioning those changes that were introduced in the Code of Criminal Procedure of the Russian Federation and entered into force on 01.01.2013. According to the Federal Law, the chapter "Production in Supervisory Institutions" has lost validity. Actual instead of it becomes the chapter "Manufacture in court of supervising instance". Accordingly, the complaints are subject to consideration only in the Presidium of the Supreme Court of the Russian Federation. Therefore, now the courts of the region, the province, the judicial board for criminal matters can not deal with the production of cases as a supervisory instance.

According to the new law, the following persons were added to the circle of persons who can appeal against the decision that came into force: the private prosecutor and other persons whose rights and interests are affected in the court decision, as well as the prosecutor general , the prosecutor of the subject of the Russian Federation and the military prosecutor, their deputies.