CASSATION PROCEEDINGS IN CRIMINAL PROCEEDINGS OF THE RUSSIAN FEDERATION AND TURKMENISTAN

Begenchmyrat Soyunhanov
Peoples' Friendship University of Russian (RUDN University), RUSSIA, Bega5754@mail.ru

Abstract

The main content of the study is devoted to a comparative analysis of the provisions of the criminal procedure code of the Russian Federation and Turkmenistan on cassation proceedings. The cassation proceedings, as an independent legal institution, are part of a single branch of criminal procedural law in Russia and Turkmenistan, and are sets of homogeneous criminal procedure rules governing all sets of issues related to the appeal of a court sentence.

With the adoption of the new Criminal Procedure Code of Turkmenistan, the cassation institute in the criminal process of Turkmenistan has undergone a very positive modernization. A full-fledged judicial investigation appeared in the cassation proceedings of Turkmenistan.

Issues regarding the procedures for appealing and bringing a sentence to a court of cassation in the Russian Federation and Turkmenistan, subjects of a cassation appeal in Russia and Turkmenistan, subjects of reviewing decisions in the Russian Federation and Turkmenistan, terms of a cassation appeal in the Russian Federation and Turkmenistan are investigated. The terms of consideration of the complaint and representation in the court of cassation instance of the Russian Federation and Turkmenistan, as well as the powers of the court of cassation instance in the Russian Federation and Turkmenistan are investigated in detail. The available points of view on the procedural nature of the review of judicial decisions in criminal cases are considered. Considered in detail the opinions of the authors regarding the deadline for filing a cassation appeal to the court of cassation in the Russian Federation, some consider positive the abolition of the time limit for filing a complaint, since drawing up a cassation appeal is a very multi-step process, and it can be insufficient for one year.

Keywords: cassation proceedings, sentence review, judicial decisions, legal force, justice, court activities, court powers, petition