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On Introducing Changes And Additions Into The Code Of Criminal Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Уголовно-процессуальный кодекс РСФСР

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RUSSIAN FEDERATION FEDERAL LAW amending the Code of Criminal Procedure of the RSFSR adopted by the State Duma on July 7, 2000 Article 1. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1963, N 15, sect. 288; N 36, sect. 661; 1965, N 50, sect. 1243; 1966, N 35, sect. 946; N 36, est. 1018; N 38, est. 1039; 1968, N 20, sect. 859; 1969, N 4, sect. 89; 1970, N 14, 256; N 22, Art. 442; 1971, N 22, est. 432; N 42, est. 881; 1972, N 26, sect. 663; N 51, est. 1207; 1973, N 16, sect. 353; N 17, sect. 372; 1974, N 29, art. 781, 782; 1975, N 33, st. 699; 1977, N 1, sect. 2; N 6, est. 129, 130; N 12, est. 257; N 51, Art. 1217; 1978, N 15, est. 410; 1980, N 20, est. 536; 1981, N 34, sect. 1151; 1983, N 32, sect. 1153; N 37, est. 1334; 1984, N 5, sect. 168; 1985, N 5, sect. 163; N 40, sect. 1398; 1986, No. 23, sect. 638; 1987, N 27, sect. 961; N 36, est. 1295; N 43, sect. 1501; 1988, N 2, est. 35; N 14, est. 396, 397; N 33, sect. 1081; N 48, sect. 1529; 1989, N 16, sect. 397; N 28, est. 739; N 37, sect. 1074; N 50, sect. 1478; 1990, N 3, sect. 79; Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, N 15, and 494; N 52, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 894; N 25, est. 1389; N 27, sect. 1560; N 29, st. 1687; N 30, est. 1794; N 33, st. 1912; N 49, sect. 2866; 1993, N 3, sect. 97; N 10, est. 360; N17, sect. 593; N 21, est. 749; N 22, est. 789; N 28, est. 1067; N 32, sect. 1231; N 33, st. 1313; Russian newspaper, 1993, 9 September, N 174; Assembly of Laws of the Russian Federation, 1994, N 10, Art. 1109; N 17, est. 1950; 1995, N 11, 939; N 17, est. 1471; N 18, sect. 1595; N 21, est. 1927; N 30, sect. 2866, 2867; N 51, est. 4973; 1996, N 16, sect. 1769; N 25, est. 2964; N 32, sect. 3843; N 52, sect. 5881; 1997, N 1, sect. 4; N 12, est. 1374; N 46, sect. 5244, 5245; N 51, est. 5716; 1998, N 28, est. 3260; N 30, st. 3613; 1999, N 1, article 5; N 28, est. 3491; 2000, N 16, sect. 1641) the following changes and additions: 1. Part one of article 27, after the words "Criminal Code of the Russian Federation", should be supplemented by the words "(private prosecution)". 2. Article 34 should be supplemented by paragraph 66, reading: "66)" Private Prosecutor "-a person who has filed a complaint with the court in the manner provided for in article 468 of this Code and supporting the prosecution in court;". 3. In article 35: Part one, after the words "military courts", supplement the words "as well as those of the justice of the peace"; part three after the words "crimes of minors" should be supplemented with the words ", except for those of the world Judge. ". 4. Part Two of Article 253 shall be deleted. 5. In article 325: Part one: "Convicted or justified, their defenders and legal representatives, a private prosecutor and his representative, the victim and his representative have the right to appeal" by the court of first instance or the sentence (judgement) of the court of appeal. "; of the second, third and fourth sentences, after the word" sentence "shall be supplemented by the words" of the court of first instance or sentence (judgement) courts of appeal ". 6. Paragraph 1 of part one of article 326 should read as follows: " (1) Sentencing courts (courts of appeal), verdicts of district courts-supreme court of the Republic, regional (oblast) court, court of the city of federal significance, court Autonomous Region and the Autonomous District Court; ". 7. In article 328: , in Part One, replace the words "and sentence (judgement) of the court of appeal"; part two, after the word "victim", insert the words "private prosecutor,". 8. Part one of article 329, after the word "sentence", should be supplemented by the words "the court of first instance and the sentence (judgement) of the court of appeal". 9. In the text of article 332, after the word "sentence", add the words "of the court of first instance and the sentence (judgement) of the court of appeal". 10. Part Four of Article 338 should be inserted after the words "Defenders and legal representatives" with the words "the private prosecutor and his representative,". 11. Part one of article 339, after the word "sentence", should be supplemented by the words "the court of first instance and the sentence (judgement) of the court of appeal". 12. Part two of article 340, after the words "filed a complaint", would be supplemented by the words "private prosecutor or". 13. In the text of article 341, after the word "sentence" should be supplemented by the words "the court of first instance or the sentence (judgement) of the court of appeal", the words "on the complaint of the victim" shall be replaced by the words "on the complaint of the private prosecutor, the victim". 14. Article 348, supplemented by Part Four, to read: " If, together with the annulment of the sentence (judgement) of the appellate court, the sentence given by the justices of the peace is overturned and the case is sent for a new trial of the proceedings before the District Court. ". 15. In article 349: , in the text after the word "sentence", add the words "first or appellate court"; paragraph 2 after the word "first" should be supplemented by the words "or appellate". 16. Article 350, after the word "first", should be supplemented by the words "or appellate". 17. In article 351: , in Part One: paragraph 4, after the word "sentence", add the words "the court of first instance or the sentence (judgement) of the court of appeal"; , in paragraph 5, the word "second" should be replaced by the word "second". "cassation"; part three, after the word "sentence", should be supplemented by the words "the court of first instance or the sentence (judgement) of the court of appeal". 18. Part two of article 352, after the word "first", should be supplemented by the words "or appellate". 19. Part two of article 353, after the words "on the complaint", should be supplemented by the words "private prosecutor,". 20. In article 356: , add the following new parts of the second and third content: " The sentence of the justices of the peace shall enter into force upon the expiry of the appeal period and challenge of appeal if it has not been appealed or protested. The justices of the peace who have been convicted or challenged shall enter into a legal force on appeal or appeal by the District Court in cases where it has not been overturned and if no appeal court has been sentenced A cassation appeal or a cassation appeal. The sentence of the court of appeal shall take effect upon the expiry of the period of appeal in cassation and appeal if it has not been appealed or contested. In the event of a cassation appeal or a cassation appeal, the judgement of the court of appeal, if not repealed, shall enter into force on the examination of the cassation appeal or the cassation appeal by a higher court. "; parts Second, third, fourth, fifth and sixth, respectively, of the fourth, fifth, sixth, seventh and eighth sections, respectively. 21. In article 359, first sentence: The last sentence should read: " In the event of a change in the sentence of a justices of the peace as a result of an appeal, cassation or supervisory review, a copy of the sentence shall be attached Copies of the definition or decision of the court of cassation or supervisory review, as well as a copy of the sentence (judgement) of the court of appeal. "; to supplement the sentences with the following sentence:" The appellate court shall obligation to report on the outcome of the appeal Order of persons held in custody. In the event of a change in the judgement of the court of first instance or of the court of appeal, copies of the judgement of the court of cassation are attached to the copy of the judgement of the justices of the peace. ". In article 360: , in the first word, the "People's Judge" shall be replaced by the words "justice of the peace"; , part two, or the reference to delete. 23. Part one, article 361, paragraph 1, after the word "court" with the words "as well as the justices of the peace of the justice of the peace,". 24. Article 362 is supplemented by the words "(a justice of the peace)". Article 362-1 after the word "judge" in the appropriate pa'jas to supplement the words "(justice of the peace)" in the appropriate paedages. 26. Article 362-3 after the word "judge" to supplement the words "as well as the justices of the peace of the justice of the peace,". 27. Part one of article 363, after the word "judge", supplemented by the words "as well as the justices of the peace of the justice of the peace,". 28. In article 364: , part one after the word "judge" to supplement the words "as well as the justices of the peace of the justice of the peace,"; Parts Two and Three, after the word "judge" in the appropriate pajamas In the words "(a justice of the peace)" in the respective paedages. 29. Article 365, after the word "judge", should be supplemented by the words "as well as by a justices of the peace in cases assigned to the jurisdiction of the justice of the peace". 30. Part I of article 367, after the words "(the judge" in the appropriate pajamas, supplement the words ", the justice of the peace" in the relevant paedages. 31. In article 368: Part One, after the words "Judge of the Court", add the words "(a justices of the peace)"; part two, as follows: " If the sentence is carried out outside the court area (judges, The Magistrate's Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice. In the absence of a sentence of the same name in the area of enforcement of the judgement of the same name or the justice of the peace, the above matters are resolved by a judge of a higher court. In this case, a copy of the judgement shall be sent to the court (the judge, the justice of the peace) that decided the sentence. "; Judges "; part four of the sentence should be supplemented with the following sentence:" The issues raised in the enforcement of sentences handed down by justices of the peace are resolved by a ruling of a justices of the peace at the place of serving the sentence. "; in the fifth word of the "(urban) people's court" to be replaced by the words " the court (Magistrates) ". 32. In article 369: part one, third, fourth and fifth, after the word "judge" to be supplemented by the words "(a justice of the peace)"; Part Six after the word "judge" in the appropriate puddah to be supplemented by the words "(justice of the peace)" in the appropriate -the pajamas. 33. In article 370: , in the first word of the "(urban) people's court", replace the words "by the court as well as the justices of the peace in cases assigned to the jurisdiction of the justice of the peace"; , in the third sentence, delete; In the fourth and fifth parts, after the word "judges", add "(justices of the peace)". 34. In the second part of article 371: paragraphs 1, 2, 3 and 4, delete; , paragraph 5, consider paragraph 1 and after the word "sentences" to be supplemented by the words " (including sentences (orders) of justices of the peace, sentences (judgements) of the Court of Appeal "; , paragraph 6, read as paragraph 2 and restate in the following wording: " (2) Presidents of the Supreme Court of the Republic, the Regional (Regional) Court, the City Court of the Federal Court, the Autonomous Court of Justice of the Autonomous Region, the Court of Autonomus of the district, the prosecutors of the republic, the province (oblast), the city of federal significance, the Autonomous Region, the Autonomous Region, the sentence (judgement) of the justices of the peace, the sentence (judgement) of the court of appeal, the sentence and the determination of the district court and the determination of the criminal division of criminal cases, respectively, by the supreme court A court of the republic, a regional court, a court of federal significance, a court of the autonomous region and a court of the autonomous district who examined the case in cassation. ". 35. In article 374: Part One of the following wording: " Presidium of the Supreme Court of the Republic, regional (regional) court, court of the city of federal importance, courts of the autonomous region, courts of the Autonomous District shall consider Cases of protest against these courts, which have become enforceable judgements and decisions of district courts, orders of district courts to bring to justice, execuverts of justices of the peace and verdicts (orders) District Court of Appeal. ". 36. In the first part of article 378: paragraph 3, after the word "withdraw", add the words "sentence (judgement) of the court of appeal"; paragraph 4, after the word "court", add the words ", sentence (decision) of the court of appeal "; , paragraph 5, after the word" sentence "should be supplemented by the words" (the verdict of the justices of the peace), the judgement of the court of appeal ", after the word" court "to be supplemented by the words" first or appellate instance ". 37. In article 379: Part one, after the word "sentence", add the words "(the sentence of the justices of the peace)"; , the second after the words "the judge's order," to be supplemented by the words "judgements (orders) of the court of appeal," The words "this definition or resolution" shall be replaced by the words "this sentence (judgement) of the court of appeal, by definition or by decision". 38. In article 380: Part three, after the words "in court first", add ", of appeal" after "first" to add ", appellate"; Part Four after the word "court" to supplement the words ", sentence of the world Judges, sentence (judgement) of the court of appeal "; part five, after the word" sentence "in the appropriate pajamas, supplement the words", sentence (judgement) of the court of appeal " in the appropriate paedages; Part seven after the word "first" should be supplemented with the words "or appellate"; Part eight, after the word "cancellations", should be supplemented by the words "sentence (judgement) of the court of appeal or", after the word "made" by the words "appellate or". 39. In the text of article 382: part one, after the word "sentence", add the words ", the sentence (judgement) of the court of appeal"; in Part Two, or the second sentence, to read ", appeal or cassation", In the second sentence, after the word "first", add the words "or appellate". 40. In article 383: , after the words "previous to", add "appellate or"; to supplement the second reading: " The Presidium of the Supreme Court of the Republic, the Regional (Regional) Court, the Court of the city of federal importance, the Autonomous Regional Court, the Autonomous Regional Court of the Autonomous Region, following the proceedings against the verdict of the justice of the peace and subsequent decisions of the courts which have become enforceable Final and revision not subject to review. ". 41. In the first part of article 384, the words "judgement, judgement and judgement" shall be replaced by the words "the sentence of the court, the sentence of the justices of the peace, the judgement of the court of appeal, the ruling and the judgement of the court". 42. Part one of article 385, after the words "acquittal" and the words "sentence", add the words ", the sentencing of the justices of the peace, the sentence of the court of appeal". 43. Part 1 of Article 388: to supplement the new paragraph 1 with the following: "1) with respect to the sentences (orders) of justices of the peace-judge of the district court;"; paragraphs 1, 2 and 3, as paragraphs 2, 3, paragraph 2, and 4. 44. In the first part of article 389, the words "the court" shall be replaced by the words "District Court Judge, Presidium of the Court". 45. Part one of article 395, after the word "court", add "(to the justice of the peace)". 46. Article 402, after the word "court", should be supplemented by the words "(justice of the peace)". 47. Add the following sections to the eleventh and twelfth sections: MINISTENDEL, MINISTERIAL Article 467. Criminal cases brought before the justice of the world judge Justice of the Magistrate: 1) for a private prosecution of offences under articles 115, 116, part one of article 129 and article 130 of the Criminal Code of the Russian Federation; (2) criminal cases involving minor offences, for which the maximum penalty provided for in the Criminal Code of the Russian Federation is not more than two years ' deprivation of liberty, except for the offences set out in the Criminal Code. article 108, articles 113, 114, 118, part one of article 136, Part one of article 147, article 147, article 170, 177, part one of article 178, article 182, article 183, article 183, article 185, article 185, article 198, part one of article 198, part one of article 204, part one, article 1, paragraph 1, of article 1, paragraph 1, of the first article. Article 217, part one, article 220, part one, article 233, article 233, part one of article 237, part one of article 247, article 252, part one, article 253, article 254, article 255, article 255, article 263, part one, article 263, part one of article 263, part one of article 263, part one of article 263. Article 264, article 265, articles 270, 271, part one of article 272, part one of article 274, Articles 288, 289, 292, part one of article 293, parts one and two of article 294, part two of article 296, parts one and two of article 298, part one of article 301, part one, article 306, part one of article 306, part one of article 307, part one, article 307, paragraph 1, of the first article. Part one of article 309, article 311, article 316, part one of article 320, part one of article 322, article 323, articles 323, paragraphs 1 and 3, and 328 of the Criminal Code of the Russian Federation. Cases relating to the competence of justices of the peace in respect of persons referred to in paragraph 2 of part one of article 7 of the Federal Constitutional Law " Article 468. The initiation of a private prosecution The offences referred to in article 27, paragraph 1, of the present Code shall be initiated by filing a complaint with the victim or by his or her legal representative. In the case of the death of the victim, a private prosecution is initiated by bringing a complaint to the court by close relatives. In the event that the victim is unable to defend his or her rights and legitimate interests for other reasons, the criminal case may be initiated by the prosecutor and sent to the preliminary investigation. At the same time, the entry into the prosecutor's case does not deprive the parties of the right to conciliation. Article 469. The complaint must contain: 1) the name of the court to which it is filed; 2) the description of the event of the crime, the reference to the place and the time of its occurrence; 3) the court's request for a case c 4) information about the person accused by the victim; 5) a list of witnesses and other persons sought by the victim. The complaint shall be signed by the applicant and filed with the court with copies on the number of persons subject to a private prosecution. After receiving the complaint and having established that there are no circumstances excluding the criminal proceedings, the justice of the peace shall issue a decision to make a complaint against his or her proceedings. Since the Magistrate has made a complaint against his or her proceedings, the complainant is a private prosecutor, and the person against whom the complaint has been filed is the accused. Article 470. Powers of the justice of the world in the case of a private prosecution before trial In case a complaint is not in conformity with the requirements of article 469, part two and article 3, of this Code, the justice of the peace Invites the complainant to bring the complaint into conformity with the said requirements and establishes for that period. If, within a fixed period of time, the complaint is not brought into conformity with the said requirements, the Magistrate shall, by order, refuse to accept the complaint and notify the person who submitted it. At the request of a private prosecutor, the justice of the peace may assist him in gathering such evidence in a private prosecution that cannot be obtained by a private prosecutor on his own. If there are grounds for the appointment of a court hearing, the magistrate calls the accused, introduces him to the case file, gives him a copy of the complaint and discovers who, according to the court, that the court is to meet the judge. The accused must be summoned to appear as defence witnesses. The Justice of the Peace must explain to the parties the possibility of reconciliation. In the event of the consent of the parties to conciliation, they shall file appropriate applications and proceedings in the case of a private prosecution shall be terminated by order of the justice of the peace, in accordance with paragraph 6 of part one of article 5 of this Code. If the defendant does not appear in court, a copy of the complaint explaining the possibility of reconciliation is sent to him by post. If there is no reconciliation between the parties, the Magistrate, after fulfilling the requirements of Parts 4 and 5 of this article, shall appoint a private prosecution case for consideration in a court hearing. Since the case has been assigned to the court, the accused is referred to as the defendant. Article 471. The Justice of the Peace on the criminal case In the criminal case, the justice of the peace takes decisions and conducts preparatory activities for the trial in accordance with the procedure established by the President of the Republic of the Republic of Korea. of this Code. Article 472. Timing of the consideration of a criminal case in a court hearing Trial in the case of a private prosecution or a criminal case involving minor offences, except in the cases referred to in part two of article 467 The Code must be started no later than fourteen days after a complaint has been lodged with the court. Article 473. Consideration of a criminal case in a court session Review of the criminal case of minor offences in court proceedings is conducted by the Magistrate in accordance with the general rules of the court proceedings, and examination The case of a private prosecution, in accordance with the general rules of the court proceedings, which do not conflict with the provisions of article 474. Article 474. Consideration of a private prosecution in a court meeting , the defendant has the right to lodge a counter-complaint for consideration in conjunction with the complaint lodged against him (hereinafter referred to as the original complaint). The connection between the initial and the counter-complaints in one proceeding is permitted by order of the justice of the peace before the commencement of the judicial investigation. In this case, the persons who have filed the initial and counterparty complaints are involved in the process simultaneously as a private prosecutor and defendant. In connection with the receipt of a countercomplaint and the jointing of complaints in one proceeding, the case may be postponed at the request of the private prosecutor for the purpose of preparing his defence. The interrogation of the defendant in the circumstances of the countercomplaint is made according to the rules of interrogation of the victim, and the questioning by the private prosecutor of the circumstances set forth in the counter-complaint, on the rules of interrogation of the defendant. In the case of a private prosecution, the private prosecutor, his legal representative or a representative shall support the trial. If a private prosecutor does not appear in court without valid reasons, the case should be discontinued in connection with the refusal of the private prosecutor to appear. The Judicial Inquiry begins with a statement of complaint by the private prosecutor, his legal representative or the representative. The arguments of the counter-complaint are set out after the arguments of the initial complaint. The private prosecutor or his representative shall present the evidence, shall be entitled to participate in their study, to present to the court his opinion on the merits of the prosecution, the application of the criminal law and the sentencing of the defendant, as well as on other matters, -arising in the course of the trial. A private prosecutor has the right to change the charges if this does not prejudice the defendant's situation and does not violate his right to defence and also to drop the charge. Article 475. An abbreviated judicial inquiry At the request of one of the parties, and in the absence of any objection by the other party, the magistrate is entitled to conduct a reduced judicial inquiry, including the questioning of the defendant and the victim, as well as the study of the other The evidence to be provided by the parties. At the same time, the Justice of the Peace makes it clear to the parties that their consent to an abbreviation of the judicial inquiry is not subject to any appeal or challenge to the judgement. The rules set forth above do not apply to crimes committed by a group of persons if at least one of the defendants objects to a reduced judicial investigation and it is not possible to separate it into a separate case The Convention on the Rights of the Child; Article 476. The sentence of the justices of the peace The sentence shall be determined by the peace judge in accordance with the procedure set out in chapter 20 of this Code. Article 477. The appeal and protest against the sentence or of the Justice of the Peace Order , the verdict of the peace judge or his order to discontinue the case may be appealed by the parties within seven days from the date of their proclamation. In the same sentence, the sentence of the justices of the peace or his order to terminate the case may be challenged by the prosecutor. DIVALIFIC SECTION REVISION AND STOPPING OF THE MINISTERIAL SUCCESSION, NOT ENTRY IN THE LAW OF THE FORMS FORTY-FIRST APPEAL COMPONENT AND EXTENSION OF THE JUDICIAL DECISIONS NOT ENTRY IN USE OF FORCE Article 478. The right of appeal and a challenge to the judgement of a justice of the peace and its order to discontinue the case In accordance with article 477 of this Code and the provisions of this chapter, The judge or his order for the termination of a case that has not entered into force can be appealed and appealed on an appeal basis. The right of appeal against the sentence of the justice of the peace is vested in the convicted or acquitted person, their defence counsel and legal representatives, the private prosecutor and his representative, the victim and his representative. The civil claimant, the civil defendant and their representatives are entitled to appeal against the judgement of the justices of the peace and his order to terminate the case in respect of the civil claim. The Prosecutor is obliged to appeal against an unlawful or unwarranted sentence of a justices of the peace or his order to terminate the case on appeal. Article 479. A court dealing with complaints and protests against the verdicts of the justices of the peace and its ruling on the termination of the case Complaint and protest against non-enforceable verdicts The justice of the peace and his order to discontinue the case shall be considered by the District Court of Appeal. Article 480. The complaints and protests procedure The appeals are lodged and the protests are brought before the justice of the peace who ordered the decision or the ruling to terminate the case. Article 481. Appeal or protest The appeal or protest must contain: 1) the name of the court in which the complaint is lodged or protested; 2) the person who filed the complaint or brought a protest, indicating his place of residence or location; 3) an indication of the sentence or order to be appealed against, and the name of the court ruling the sentence or the ruling; 4) Partially or partially appealing against a conviction or decision; 5) the arguments of the person filing a complaint or a protest that indicates that the sentence or other decision of the court is not correct and the substance of its requirements; 6) the evidence justifying the applicant's claims, which must be examined by the court of appeal, including evidence not examined by the justice of the peace; (7) a list of materials attached to the complaint or protest; 8) the signature of the person filing the complaint or Protest. In the event that a complaint or protest does not comply with the requirements set forth in the first part of this article, and this interferes with the examination of the case, the complaint or the protest shall be deemed to have been filed but shall be returned to the person who submitted the complaint, the justices of the peace, who assigns a time limit for recounting them. Article 482. The time for challenge and appeal against the sentence of the Justice of the Peace and its termination case Complaints and protests against a justices of the peace or his order to terminate the case may be filed in Appeals within seven days from the date of their proclamation. A convicted person in custody may file a complaint on appeal within seven days from the date on which he is handed a copy of the sentence of the justices of the peace or his order to discontinue the case. The case cannot be claimed before a justice of the peace, within the period of time established to challenge or challenge the judgement of a justices of the peace or his order of termination. Leave the time of filing a complaint or to lodge a protest entails leaving them without consideration. Article 483. Procedure for the restoration of the appeal period or the Appeal against the judgement of a justice of the peace or its ruling on the termination of the case In the event of an appeal against a sentence of a justices of the peace, or His ruling to terminate the case for a reasonable cause of the person entitled to file a complaint or to lodge a protest may apply to the justices of the peace who decided to order or give a ruling on the reinstatement of the missed deadline. The motion shall be heard by the justice of the peace which has dealt with the case on the merits. The Magistrate is entitled to call the person making the request for an explanation. The decision of a justice of the peace to refuse to reinstate a missed deadline for appealing against a judgement or a decision to terminate a case may be appealed or appealed to the District Court. Article 484. Notice of complaints filed and brought protests On lodging a complaint or protest by a justices of the peace who ordered or issued a ruling on the termination of a case, shall notify the convicted person or the acquitted person, The defence counsel and legal representatives, the private prosecutor and his representative, the victim and his or her representative, as well as the civil claimant, the civil defendant or their representatives, if the complaint or protest affects their interests. A copy of the complaint or protest shall be sent to the persons concerned explaining the possibility of objecting to them in writing, indicating the time limit for their submission. Objections to a complaint or protest are attached to the case. The Parties have the right to confirm the grounds for a complaint or protest, or to object to a complaint or protest, to submit new material or to call for the summons of the witnesses and experts referred to them. Article 485. The consequences of filing a complaint or bringing a protest The filing of a complaint or the application of the protest have suspended the execution of the sentence of the justices of the peace. At the end of the period of appeal or challenge, the justice of the peace who ordered the decision or the ruling to terminate the case file the case with the complaints, protests and objections to them to the court of appeal, what the parties are doing. The person who submitted the complaint or the protest has the right to withdraw them before the start of the session of the court of appeal. A person who has appealed or contested the decision or order to discontinue the case shall have the right, before the start of the hearing of the court of appeal, to amend or lodge a complaint or to supplement them with new arguments. However, no further complaint or protest may be required to deteriorate the situation of the convicted person, unless the requirement is contained in a previous complaint or a protest. Article 486. The filing of a private complaint and a private protest against the ruling of the justice of the peace A private complaint may be lodged against a ruling of the justice of the peace, or private protest by the persons referred to in article 478 of the present Code. It is not subject to appeal and challenges to the rulings in the proceedings relating to the procedure for the examination of evidence, motions of the parties to the criminal proceedings, the observance of order in the courtroom, except for the imposition of monetary penalties. Objections to these orders may be set out upon appeal or appeal against the sentence. A private complaint or protest against a ruling of a justice of the peace shall be brought before the District Court, through the Magistrate's Court, within seven days from the date of the ruling. As a result of their consideration, a decision was taken to leave a complaint or protest, or to cancel or modify the order of the justice of the peace. In the case of an appeal or a challenge to a judgement rendered in the course of the trial that has been handed down by the judgement, the case shall be forwarded to the district court only after the expiry of the appeal period. However, if a complaint or protest has been lodged against a conviction, a judge of the district court shall examine private complaints or protests at the same time as a complaint or protest against the sentence. Persons who are not parties to the case are also entitled to appeal against the ruling of the justices of the peace if they are issued against them. Article 487. Subject and limits of court proceedings in the appeal court On appeal and objection, the appellate court verifies that the factual circumstances of the case are established and applied correctly. Criminal law, as well as compliance in the consideration and resolution of the rules of criminal procedure. The Court of Appeal examines the legality, validity and fairness of the sentence of the justice of the peace only insofar as the sentence is appealed or contested, and only in respect of those convicted persons who are concerned with the complaint or Protest. If, in the course of the trial, the courts of appeal will be found to violate the rights and legitimate interests of the convicted persons admitted in the case by the justices of the peace, which led to an unlawful sentence, the court The court of appeal, in accordance with articles 339 to 342 of this Code, has the right to repeal or amend the sentence of the justices of the peace, also in the part in which it has not been appealed or contested, and in respect of those convicted for whom No complaint or protest was lodged. FORTY-SECOND REVIEW DEPARTMENT OF APPEALS AND PROTESTAM Article 488. The composition of the Court of Appeal , the Court of Appeal and the Appeal is heard by the judge of the district court on appeal. Article 489. The time limit for the start of a trial in the court of appeal must be commenced within fourteen days from the day of appeal or protest, but not before The expiry of the period of appeal against the sentence of the justices of the peace or his order to terminate the case. This period may be extended by order of the judge of the district court, which will hear the case, but not more than 10 days. Article 490. Appointment of a session of the court of appeal When a case is filed with an appeal or protest, the president of the district court or his deputy takes him to his or her own proceedings, or passes it to one of the district court judges to study and consider in a court session. After examining the case, the judge of the district court rules on the appointment of the court hearing, in which the following questions should be resolved: 1) about the place and time of the trial; 2) on the call to court session of witnesses, experts and other persons, if necessary; (3) on the preservation, election, cancellation or modification of the preventive measure against the defendant; 4) on the examination of the case in a closed court Meeting in the cases referred to in article 18 of this Code. Article 491. Procedure in the Court of Appeal Instance The proceedings before the court of appeal are conducted according to the rules of procedure in the court of first instance, and in accordance with the provisions of the head of the second instance Code. The sides are notified about the place and time of the trial. The failure of persons who did not complain to the judgement of first instance would not be an obstacle to the consideration of the case and to the judgement. In the court session it is mandatory to participate: 1) the prosecutor, except in cases of private prosecution if they were not initiated by the prosecutor in accordance with article 468 of this Code; 2) A private prosecutor who has filed a complaint in the case of a private prosecution; (3) of the defendant, who has lodged a complaint or whose interests have been filed by a lawyer or legal representative, or against whom the prosecutor has lodged a complaint with the prosecutor not in his favour; 4) defence counsel in cases referred to in article 49 of this Code. The court order and the measures taken against violators of the order of the Court are established in accordance with articles 262 and 263 of this Code. The Court of Appeal shall hear cases in open court, except in the cases referred to in article 18 of this Code. Article 492. The judicial investigation in the court of appeal The judicial inquiry begins with the judge's statement of the sentence of the justices of the peace, or his order to discontinue the case, and the merits of the appeal or protest and the objections at the same time, the parties who have lodged a complaint or objection are heard in support of the arguments raised in the complaint or the objection, and the objection of the opposing party who has not appealed or has failed to contest the sentence, or ruling. After hearing the parties, the court of appeal establishes the procedure for the examination of evidence, taking into account the views of the parties, and proceeds to the examination of evidence by questioning the defendant, witnesses, victims, of a private prosecutor, as well as to the reading of documents, protocols and other files on the application of the parties. In the course of the investigation, the court has the right to inspect the evidence and to disclose the case file both at the request of the parties and on its own initiative. Witnesses interviewed by the justices of the peace are questioned in the court of appeal if the appeal by the parties to the court of appeal was deemed necessary. The court of appeal may call these witnesses on his own initiative. The parties are entitled to submit an application for the calling of new witnesses, the conduct of an expert examination, the extermination of the exhibits and the documents that were rejected by the justices of the peace. The application of the declared motions shall be made in accordance with article 223 of this Code. At the same time, the court of appeal may not refuse to satisfy the requests on the grounds that they were not satisfied by the justice of the peace. Article 493. Court debate. The defendant's last word After the conclusion of the examination of the evidence, the presiding officer queries the parties on their applications for supplementing the judicial investigation. By allowing these motions, the court of appeal shall proceed to the judicial debate. The parties ' deliberations shall be conducted in accordance with the procedure established by chapter 20 of this Code. The first is the person who filed the complaint or brought the protest. At the end of the judicial debate, the judge shall give the defendant the last word, after which the court of appeal is removed for decision. Article 494. Decisions taken by the court of appeal The court of appeal follows one of the following decisions: (1) that the sentence of the justices of the peace or its termination order remain No change, but appeal or protest without satisfaction; 2) to quell the conviction of the justice of the peace, acquit or dislodge the case; (3) to quell the conviction of the world of the new sentence; 4) cancelling The acquittal of the justice of the peace and of the conviction; 5) to change the sentence of the justices of the peace. Article 495. Ruling of sentence or conviction ruling by a court of appeal As a result of the examination of a complaint or objection, the court of appeal decides a new sentence, in whole or in part, The sentence of the justices of the peace, or the judgement of a justices of the peace, is correct, and the arguments of the complaint or protest are unfounded. " The court of appeal shall decide the sentence in accordance with the general rules set forth in Chapter 25 of this Code, subject to the requirements of Part Three of this article. The sentence of the court of appeal should also indicate that the sentence of a justices of the peace or a change in the judgement of a justices of the peace had led to the cancellation of the sentence. A ruling of the court of appeal shall be made in accordance with the procedure set out in articles 261 and 312 of this Code, subject to the requirements of Part Five of this Code. The ruling of the court of appeal must also state the grounds on which the verdict of the peace judge is correct and the arguments of the complaint or protest are unfounded. In support of its decision, the appellate court has the right to refer to the testimony of persons who have not been referred to the court of appeal, but questioned by a justice of the peace. If the evidence is disputed by the parties, the person who gave them is subject to questioning in a court hearing. The proclamation of the sentence and the order of the court of appeal shall be made in accordance with the procedure established by article 318 of this Code. Article 496. The grounds for the revocation or modification of the sentence of the justices of the peace Grounds for the repeal or amendment of the judgement of a justices of the peace and the judgement of a new sentence or order are: 1) non-conformity The findings of the justices of the peace, as set out in the sentence, the factual circumstances of the case examined by the court of appeal; (2) misapplication of the criminal law; 3) a fundamental breach of the criminal procedure law; 4) mismatched sentence Punishment of the seriousness of the crime and the person of the defendant. Article 497. Dismissation of the findings of the justice of the peace, as set out in the sentence, factual circumstances of the case disposed of by the court of the court of appeal The Court of Appeal, finding that the findings The justices of the peace, as set out in the sentence, do not correspond to the facts of the case, cancel the sentence in whole or in part, and decide on a new sentence. The Court of Appeal, assessing the evidence examined by the court of appeal, has the right to admit the facts of the case that have not been established or have not been accepted by a justices of the peace Attention. Article 498. Improper application of the criminal law Incorrect application of the criminal law shall be found in the violations referred to in article 346 of this Code. The court of appeal has the right to soften the punishment imposed by the justices of the peace and apply the law on a less serious crime. The [ [ Court of Appeal]] has the right to apply the law on a more serious crime within the scope of the charge, only when the prosecutor lodged a complaint with the prosecutor or A complaint has been filed by the victim, the private prosecutor or their legal representatives. Article 499. A significant violation of the criminal procedure of the law Substantive violations of the criminal procedure law shall be deemed to be violations specified in article 345 of this Code. Having established that the justice of the peace in the case has been violated, as set out in article 345, paragraph 1, paragraph 1, of the Code, the court of appeal annuls the sentence and ordered the termination of the case. If the justices of the peace have any other material breach of the criminal procedure law, the court of appeal shall conduct the trial, taking measures to remedy the violation, then Cancers the judgement of a justices of the peace and, on the basis of the outcome of the case, decides a new sentence. Article 500. The lack of conformity of the sentence imposed on the sentence by the sentence of the seriousness of the crime and the person of the defendant of the crime committed and the identity of the defendant, the court of appeal mitigates the punishment according to the general beginning of the punishment prescribed by Criminal Code of the Russian Federation. The [ [ Court of Appeal]] may impose a heavier penalty on the defendant than has been determined by a sentence of a justice of the peace, only when the prosecutor's objection was brought by the prosecutor or a complaint was lodged A victim, a private prosecutor or their legal representatives. Article 501. The cancellation or modification of the acquittal The sentence may be overturned by the court of appeal only when the prosecutor has been brought down by the prosecutor or the victim, A complaint was lodged by a private prosecutor or their legal representatives on the lack of substantiation of the defendant's acquittal. The acquittal may be changed upon the complaint of the acquitted, defence counsel or legal representative of the grounds and grounds for acquittal. Article 502. Court of Appeal's Court of Appeal The transcript of the court hearing of the court of appeal of the court of appeal is kept in accordance with the rules provided for in article 264 of the Court of Appeal. Code. The parties may bring comments to the record, which are considered by the presiding officer in accordance with articles 265 and 266 of this Code. Article 503. Appeal and appeal against the sentences and judgements of the court of appeal Sentence and rulings of the court of appeal may be appealed and appealed to a higher court in cassation in the appeal court. In accordance with the rules set forth in chapter 20 of this Code. ". Article 2. Prior to the appointment (election) of justices of the peace, cases falling within the competence of justices of the peace shall be considered by the District Courts. Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 7 August 2000 N 119-FZ