Revision of sentences, definitions, judgments (2017)

Revision of sentences, rulings, decisions not entered into legal force (2017)

CONTENT

Introduction 3
1. The concept and types of proceedings for the revision of sentences, rulings, rulings that have not entered into legal force 7
2. Legal problems of review of sentences, rulings, rulings that have not entered into force in the appellate court 11
3. Some problems of revision of sentences, rulings, rulings that have not entered into legal force at the cassation instance 23
Conclusion 32
List of sources used and literature 37

LIST OF SOURCES USED AND LITERATURE

Regulations

1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. 2009. No. (7) 4831. 21 Jan.
2. Convention for the Protection of Human Rights and Fundamental Freedoms ETS No. 005 (Rome, 4 November 1950) (as amended and as of September 21, 1970, December 20, 1971, January 1, 1990, November 6 1990, May 11, 1994) // collected legislation of the Russian Federation. 2001. No. 2. Art. 163.
3. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (Adopted on November 29, 1985 by Resolution 40/33 at the 96th plenary session of the UN General Assembly) [Electronic resource]. URL: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=INT&n=16183#0. (the date of the appeal: 05.11.2017).
4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on July 29, 2017 No. 250-ФЗ) // Collected Legislation of the Russian Federation. 1996. № 25. Art. 2954.
5. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on July 29, 2017 No. 251-ФЗ) // Meeting of the legislation of the Russian Federation. 2001. No. 52 (1 h.). Art. 4921.
6. Federal Law of the Russian Federation of December 29, 2010 No. 433-FZ (as amended on December 31, 2014 No. 518-FZ) “On Amendments to the Criminal Procedure Code of the Russian Federation and recognition of certain legislative acts (provisions of legislative acts) of the Russian Federation "[Electronic resource]. URL: http://pravo.gov.ru/proxy/ips/?docbody=&firstDoc=1&lastDoc=1&nd=102144581. (the date of the appeal: 10.29.2017).

Practice materials

7. Decree of the Constitutional Court of the Russian Federation of December 8, 2003 No. 18-P "On the case of verifying the constitutionality of the provisions of Articles 125, 219, 227, 229, 236, 237, 239, 246, 254, 271, 378, 405 and 408, as well as chapters 35 and 39 of the Criminal Procedure Code of the Russian Federation in connection with requests from courts of general jurisdiction and complaints from citizens "[Electronic resource]. URL: http://www.consultant.ru/document/cons_doc_LAW_45528/. (the date of the appeal: 02.11.2017).
8. Resolution of the Constitutional Court of the Russian Federation of July 2, 2013 No. 16-P "On the case of verifying the constitutionality of the provisions of the first part of Article 237 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen of the Republic of Uzbekistan B. Gadaev and the request of the Kurgan Regional Court "// Collection of legislation of the Russian Federation. 2013. № 28. Art. 3881.
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 1, 2011 No. 1 “On the judicial practice of applying legislation regulating the specifics of criminal responsibility and punishment of minors” // Bulletin of the Supreme Court of the Russian Federation. 2011. № 4.
10. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 26 dated November 27, 2012 (as amended on December 1, 2015 No. 52) "On the application of the norms of the Criminal Procedure Code of the Russian Federation governing the proceedings in the court of appeal" [Electronic resource]. URL: http://www.consultant.ru/document/cons_doc_LAW_138315/. (the date of the appeal: 10.29.2017).
11. Reso