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On the question of the mechanism of operation of the principle of reasonableness terms in the appeal

Vezdenev K.   ()

The article considers the mechanism of action of one of the fundamental principles of criminal proceedings-compliance with the reasonableness of procedural terms. Objective and subjective factors that lead to violation of reasonable terms of criminal proceedings at the stage of appeal are analyzed. Examples are given that illustrate the insufficient level of legal regulation of the rights of participants in criminal proceedings when making appeals after the announcement of the sentence. The opinion is expressed that it is necessary to provide the victim with equal rights with the defendant in terms of obtaining and subsequent appeal of court decisions. The article examines the relationship between the parties to the criminal process studying the minutes of the court session and its audio recording with the possibility of making appeals. Arguments are made in favor of limiting the rights of the defendant to read the materials of the criminal case after the verdict, in order to reduce the procedural time for sending cases to the appellate instance. Based on the analysis of practical activities of judicial bodies in relation to provisions of the law and legal doctrine, the author attempts to identify and describe characteristics, compliance with these terms and arising in the implementation of the principle obstacles and conflicts with other fundamental principles of the criminal process, and to Express an opinion on ways to overcome such obstacles.

Keywords:criminal procedure, court, court of first instance, appeal, procedural terms, reasonable terms, legality, criminal proceedings.
 

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Citation link:
Vezdenev K. On the question of the mechanism of operation of the principle of reasonableness terms in the appeal // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2020. -№03. -С. 143-146
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