RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Procedure Code Code of the Russian Federation and the Recognition of the Force of Certain Legislative Acts of the Russian Federation adopted by the State Duma on December 22, 2010 federal laws dated 06.11.2011 N 294-FZ; of 05.06.2012 N 54-FZ; of 23.07.2013 N 217-FZ; , 31.12.2014 N 518-FZ) Article 1 Amend the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; 2003, N 27, sect. 2706; N 50, sect. 4847; 2005, N 23, sect. 2200; 2006, N 3, sect. 277; N 31, est. 3452; 2007, N 24, est. 2830, 2833; N 31, est. 4011; 2008, N 49, sect. 5724; 2009, N 1, est. 29; N 11, est. 1266, 1268; N 26, est. 3139; N 52, sect. 6422; 2010, N 1, st. 4; N 15, sect. 1756; N 19, st. 2284; N 27, est. 3416, 3427; N 30, est. 3986; N 31, st. 4164; N 49, sect. 6419), the following changes: 1) in article 5: (a) paragraph 2 after the word "enforceable sentences" to add ", definitions"; (b) paragraph 14, as follows: " 14) The cassation instance- Review of criminal cases on complaints and submissions to enforceable sentences, rulings and rulings of the courts; "; , paragraph 16, paragraph 16, amend to read: " (16) supervisory review proceedings. OF THE PRESIDENT OF THE RUSSIAN FEDERATION supervisory review of criminal cases and submissions to enforceable sentences, definitions and orders of courts; "; , paragraph 23). The courts of first instance, appeal and cassation, except for sentence and cassation; "; (para. 51), paragraph 51, as follows: " 51) A meeting of the courts of first, second, cassation and supervisory authorities; "; (e) Paragraph 53 should read: "(53) court of second instance-court of appeal;"; (j) to supplement paragraphs 53-1-53-3, as follows: " 53-1) Judgement-sentence, Definition, ruling made in criminal proceedings in courts of first instance and second instance; determination and ruling made in a criminal case in a court of cassation; ruling issued on the basis of in a criminal case in a court of review; 53-2) final court decision-sentence, other court decision rendered in a court proceeding to which a criminal case is permitted on the merits; 53-3) intermediate court decision-all rulings and rulings of the court, with the exception of of the final judgement; "; (2) in article 19, paragraph 2, of the words" chapters 43-45, 48 "should be replaced by the words" Chapters 45-1, 47-1, 48-1 "; (3) in article 30: (a) in paragraph 2 of part two of article 31 replace the words "in paragraph 1 of part three of article 31"; b) of Part Three and Part Four The following wording: " 3. Criminal cases are dealt with on appeal: 1) in the district court, a judge of the district court alone; (2) in a higher court, a court composed of three judges of the federal court of general jurisdiction. 4. The review of criminal cases in cassation is carried out by the Presidium of the Supreme Court of the Republic, the regional or regional court, the court of the city of federal importance, the court of the autonomous region, the court of the Autonomous District, the district (naval) military A court composed of not less than three judges, the Judicial Chamber for Criminal Cases of the Supreme Court of the Russian Federation and the Military Chamber of the Supreme Court of the Russian Federation, composed of three judges, and, under the supervisory review procedure, by a majority of the members of the Presidium of the Supreme Court of the Russian Federation. "; , in the sixth word Replace "appeal" by "appeal"; (4) in article 31: (a) Part three, as follows: " 3. The Supreme Court of the Republic, the regional or regional court, the court of the city of federal importance, the court of the autonomous region, the court of the Autonomous Region, the district (naval) military court of the jurisdiction of the jurisdiction: 1) criminal cases concerning the offences envisaged Article 105, part two, 126 part three, 131 parts of the third and fourth, 132 parts of the third and fourth, 205-205-2, 206 parts of the second, 208 part one, 209-211, 212 parts of the first, 227, 228 to 1 part of the fifth, 229-1 of the fourth, 275-279, 281, 295, 317, 353-358, 359 parts one and two of the Russian Federation's second and 360 Criminal Code; (In the wording of Federal Law of 05.06.2012) N 54-FZ) 2) criminal cases against a member of the Federation Council, State Duma deputy, judges of the federal court, a justice of the peace on their application before trial; 3) criminal cases Cases which contain information constituting a state secret. "; b) part four of the void; in) to be added to the gray-1 content of the following content: " 7-1. In the case of crimes committed by a group of persons, by a group of persons by prior conspiracy, organized by a group or by a criminal association, at least one of the accomplices would be tried by a military court in respect of at least one of the accomplices, but the criminal case The rest of the persons cannot, the cases referred to shall be considered by the military court concerned. "; 5) part two of article 33, recognizing no force; 6) in article 42, paragraph 2: (a) in paragraph 13 of the word "Appeal and cassation" should be replaced by " appeal, cassation and b) paragraph 14, after the word "second" to add ", cassation"; 7) paragraph 14 of article 44, paragraph 14, after the word "second", add ", cassation"; 8) paragraph 16 of article 47, paragraph 16 after the word "second" with the word ", cassation"; 9, paragraph 9 of article 53, paragraph 9, after the word "second", after the word "second", insert the words ", part 11 of article 108, as follows: editions: " 11. The decision of the judge to be elected as a preventive measure or a refusal to do so may be appealed on an appeal basis, taking into account the particularities set out in article 389-3 of the present Code, within 3 days of the date of its detention. delivery. The court of appeal takes a decision on the complaint or submission not later than three days from the date of receipt. The decision of the court of appeal to quend the judge's decision to order remand in custody as a preventive measure is subject to immediate execution. The decision of the court of appeal may be appealed in cassation by the rules laid down in Chapter 47-1 of this Code. "; 45-1 and 47-1 "; b) in the part of the second word" Chapters 48 and 49 "read" Chapters 48-1 and 49 "; 13) in the fourth article 255, the words" on appeal "should be replaced by the words" on appeal "; 14) Section 259: (a) in paragraph 16 of Part Three by the Court of Cassation replace the words "by the court of appeal"; b) in part 7 of the word "court of appeal", and replace the words "by way of appeal" with the words "for the remedy of appeal". "; 15) in part three of article 309, in the words" Chapters 453-45 ", replace the words" by the Court of Appeal "with the words" of the court of appeal "; and, in article 316, paragraph 9, replace the words" Chapter 43 "with" Chapter 43 ". In the words "Chapter 45-1"; 17), article 317 should be read as follows: editions: " Article 317. The limits of the appeal against the sentence , The judgement given in accordance with article 316 of this Code, cannot be appealed on appeal on the basis of article 389-15, paragraph 1, of this Code. "; 18) in part 7 of article 317-7, replace the words "Chapter 45-1"; 19) in article 323, paragraph 1, of the words "Articles 354 and 355" shall be replaced by the words "Articles 389 to 1 and 389-3"; (20) in article 348, paragraph 5, of the words " "Replace the word" in "with the words" on appeal "; 21) In article 351, paragraph 4, the words "Court of Appeal" should be replaced by the words "on appeal"; 22) of chapter 43 to 45; section XIII, section XIII, to supplement Chapter 45-1 as follows: 45-1. MANUFACTURE OF THE APELLATION SET OF APPEAL Article 389-1. Right of appeal 1. The right of appeal against the judgement shall be vested in the convicted person, the convicted person, their defence counsel and legal representatives, the public prosecutor and (or) the higher prosecutor, the victim, the private prosecutor, their legal representatives and Representatives, as well as other persons, in the part where the judicial decision complained of affects their rights and legitimate interests. 2. The civil claimant, the civil defendant or their legal representatives and representatives have the right to appeal against the judgement in respect of the civil claim. Article 389-2. Judicial decisions to appeal 1. In accordance with the requirements of this chapter, decisions of the court of first instance which have not entered into force may be appealed by the parties on appeal. 2. The determination or orders of the examination of evidence, the satisfaction or rejection of motions by the participants in the proceedings and other judgements rendered during the trial shall be appealed against in the appeal court. In the case of an appeal against a final judgement in the case, with the exception of the judicial decisions referred to in part three of this article. 3. Before the final court decision is made, appeal is subject to a decision of the Magistrate to return the application to the person who submitted the application or to refuse to make a declaration; court rulings or rulings on election The measures of restraint or extension of its validity, the placement of a person in a medical or psychiatric hospital for the production of a forensic examination, the suspension of a criminal case, the referral of a criminal case or the modification of a criminal case The jurisdiction of the criminal case, the return of the criminal case to the prosecutor; other judicial proceedings Decisions that affect the rights of citizens to have access to justice and to deal with a case within a reasonable time and prevent further action, as well as private definitions or regulations. 4. The appeal against the determination or judgement rendered during the trial shall not suspend the proceedings. Article 389-3. The procedure for filing an appeal complaint, view 1. Appellate appeals, the submission is brought through the court, which has ruled that the sentence handed down by the court in question is different. 2. Appeals, submission of: 1) to a verdict or other decision of a justices of the peace to the District Court; 2) to a judgement or other decision of the District Court, the Garrison Military Court-to the Criminal Division The Supreme Court of the Republic, the Regional or Regional Court, the Court of the Federal Court, the Autonomous Regional Court, the Autonomous District Court, the District (Navy) of the Military Court; (3) on the intermediate decision of the Supreme Court of the Republic; of a regional court or a regional court, a court of the city of federal importance, and the courts of the Autonomous Republic of District, court of autonomous district, district (naval) military court-to the criminal division of the relevant court; 4) for a sentence or other final judgment of the Supreme Court of the Republic, the Regional or Regional Court, the Court The city of federal importance, the court of the autonomous region, the court of the autonomous district, the district (naval) military court, respectively, the Military Chamber of the Supreme Court of the Russian Federation, the Military Chamber of the Supreme Court of the Russian Federation THE RUSSIAN FEDERATION Article 389-4. Timing of appeal against judgements or other judicial decisions 1. Appeals, judgement or other decision of the court of first instance may be filed within 10 days from the date of the judgement or other decision of the court, and the convicted person held in custody, within the same period of time Upon delivery of copies of the sentence, definitions, orders. 2. The criminal case cannot be claimed from the court within the time limit for appealing a court decision. 3. Appeals, submissions filed with the passage of time are not considered. Article 389-5. { \b } { \cs6\f1\cf6\lang1024 } Appeal { \cs6\f1\cf6\lang1024 In the event of a period of appeal, for a reasonable cause, the person entitled to file an appeal, submission, may apply to the court which decided the sentence or pronounced the other decision to be restored missed deadline. The request for reinstatement is considered by the presiding judge in the criminal trial or by another judge. 2. The judge's decision to refuse the restoration of the missed deadline may be appealed to a higher court, which is entitled to revoke the order and to consider the appeals filed, the submission on the merits or return them to the court that handed down the appeal The judicial decision appealed against, in order to fulfil the requirements set out in articles 389 to 6 of the present Code. Article 389-6. Appeals, submission 1. Appeals, submission must contain: 1) the name of the court of appeal to which the complaint is filed; the submission; 2) the person filing the appeal or submission, indicating it procedural position, place of residence or location; 3) an indication of the sentence or other judicial decision and the name of the court that decided or delivered it; 4) the arguments of the appellative or Submission, indicating the reasons provided for in article 389-15 of this Code; 5) list of appeal, submissions; 6) the signature of the appellative or submission. 2. In the appeal of a person not involved in a criminal case, it must be stated which rights and lawful interests of the person are violated by a court decision. 3. If the convicted person claims to have participated in the examination of a criminal case by a court of appeal, this shall be stated in his appeal or in defence of complaints, submissions made by other participants in the criminal proceedings. 4. In the event of a non-conformity of the appeal, the submission of the claims set out in part one of the present article, which precluates the consideration of a criminal case, the appeal, the submission shall be returned by the judge, who shall appoint a time limit for their consideration. Recreation. If the judge's demands are not complied with and the appeal is filed, the deadline for the submission of the judge's notice is not due. In this case, the sentence shall be deemed to have entered into force. Article 389-7. Notice of the cases brought by the Court of Appeal, the submission Court, sentencing a sentence or a decision that has taken a different decision, informs the appeals made by the persons referred to in article 389-1 of the present The Code, if the complaint or submission relates to their interests, with an explanation of the right of submission to the complaint or the submission of objections in writing, indicating the duration of their submission and sending them copies of the complaint, submission and defence. The objections to the complaint, the submission, are attached to the file of the criminal case. Article 389-8. The consequences of filing an appeal complaint, view 1. The filing of appeals, the submission shall suspend the execution of the sentence, the ruling, the ruling, except in the cases provided for in article 311 and part four of article 389-2 of the present Code. 2. After the expiry of the time limit for appeal, the court that ordered the sentence or the sentencing decision in question sends the criminal case with the appeal, submission and objections to the court of appeal, as reported by the court. to the parties. 3. The person who has filed an appeal or submission is entitled to withdraw them before the start of the hearing of the court of appeal. In this case, the appeal or submission shall be discontinued. In the event that a complaint or submission has been withdrawn prior to the appointment of a criminal case before the court of appeal, the judge shall return the complaint or submission. 4. Further appeals, the submission is to be considered if they have entered the court of appeal at least five days before the start of the trial. In an additional complaint by the victim, private prosecutor or their legal representatives and representatives, and in the additional submission of the prosecutor upon the expiry of the appeal period, the question of the deterioration of the situation could not be raised. The convicted person, the person in respect of whom the criminal case has been dismissed, if such a request was not contained in the original complaint, the submission. Article 389-9. The subject of the trial appellate court , the court of appeal examines the appeals, submissions of legality, validity and fairness of the judgement, legality and reasonableness of the alien The decisions of the court of first instance. Article 389-10. The time limit for the consideration of a criminal case in court of the court of appeal is to be initiated in the district court not later than 15 days, in the supreme court of the republic, regional or regional court Court, court of federal value, court of autonomous region, court of autonomous region, district (naval) military court-no later than 30 days and in the Supreme Court of the Russian Federation-no later than 45 days from the day of his entry to the court of appeal authority. Article 389-11. Appointment and preparation of the court session of the court of appeal 1. The judge, having studied the criminal case, orders the appointment of a court hearing in which questions are resolved: 1) on the place, date and time of the beginning of the criminal case; 2) calling for a hearing Witnesses, experts and others in accordance with the application of the party declared in the complaint or submission, if the application is deemed to be justified; 3) on the examination of the criminal case in camera in the case of as provided for in article 241 of this Code; (Spil-off- Federal Law of 23 July 2013 N 217-FZ) 5) on the form of participation in the trial of the convicted person in custody. 2. The venue, date and time of the trial shall be notified to the parties at least 7 days in advance. 3. If, in the examination of a criminal case, it is established that the requirements of articles 389 to 6 and 389 to 7 of the present Code have not been met by the court of first instance, the judge shall return the criminal case to that court in order to remove the obstacles to the examination of the case Criminal case before the court of appeal. Article 389-12. The participation of the parties in the court hearing in the criminal case in the court of appeal 1. Participation: 1) of the Public Prosecutor and (or) the Prosecutor, except in the case of a private prosecution (except when a criminal case was opened by the investigator or the person conducting the initial inquiry with the consent) " (a) (...) (...) (...) (...) (...) necessary; 3) a private prosecutor or his legal representative or a representative, if they have lodged an appeal; 4), in the cases referred to in article 51 of the present Code. 2. Convicted prisoners who have expressed their desire to be present when appeals are being considered, the court shall be entitled to participate in court proceedings, either directly or through the use of systems Videoconferencing. 3. Failure to appear in time of the place, date and time of the session of the court of appeal, with the exception of persons whose participation in the hearing is mandatory, does not preclude the hearing of a criminal case. 4. In the event of a failure to appear before the court without a good reason for the private prosecutor, his legal representative or the complainant's representative, the appellate court shall terminate his appeal. 5. The parties to the court of appeal are allowed to participate in the hearing of the criminal case in all cases. Article 389-13. The procedure for dealing with a criminal case by the Court of Appeal 1. The criminal proceedings before the court of appeal shall be carried out in accordance with the procedure laid down in chapters 35 to 39 of this Code, with the exceptions provided for in this chapter. 2. The Presiding Judge opens the court session and announces the criminal case under consideration and on whose appeal and (or) the submission. The presiding officer shall then declare the composition of the court, the family name, the names and the patronymic of the persons who are parties to the criminal case and present at the court hearing, as well as the names, names and patronymic of the court clerk and interpreter, if any. The interpreter participates in the court hearing. The Presiding Judge shall determine whether the participants in the proceedings have any disqualification or petition, and whether they support the motions filed in the appeal and/or the submission. 3. The trial begins with a brief statement by the presiding officer or one of the judges involved in the criminal appeal proceedings, the content of the sentence or other judicial decision appealed, the merits of the appeal, and (or) submissions, objections, and the merits of the supplementary materials submitted. 4. Following the report of the presiding judge or the judge, the court shall hear the parties that have filed the appeal, the submission and the objections of the other party. In the case of a number of complaints, the sequence of statements is determined by the court taking into account the views of the parties. The court then proceeds to the examination of the evidence. In support of or refuting the arguments put forward in the appeal, the parties are entitled to submit supplementary materials to the appellate court. 5. Witnesses interviewed in the court of first instance are questioned in the court of appeal if the court recognizes them as necessary. 6. The parties ' motions for the study of evidence which have not been examined by the court of first instance shall be settled by the court in accordance with the procedure established by article 271 of this Code. At the same time, the court of appeal may not refuse the application only on the ground that it was not granted by the court of first instance. 7. With the consent of the parties, the court of appeal has the right to consider the appeal, submission without verification of evidence, which was examined by the court of first instance. 8. The court of appeal has the right to examine evidence using videoconferencing systems. 9. At the end of the trial, the court is investigating whether they have applications for supplementing the judicial investigation. The Court shall permit these motions, after which it shall proceed to the debate of the parties. Article 389-14. The sides of the party 1. The parties ' deliberations shall be conducted within the limits of the criminal proceedings before the court of appeal. The first is the person who has filed the appeal or submission. 2. At the end of the debate, the court shall give the last word to the person against whom the court decision is checked, if the person is participating in the hearing, after which the court shall be removed to the deliberation room for decision. Article 389-15. The grounds for the reversal or modification of the appellate court grounds for the reversal or modification of the court decision on appeal are: 1) is not commensurate with the findings of the court set out in sentence, factual circumstances of the criminal case established by the court of first instance; (2) fundamental breach of criminal procedure law; 3) misapplication of criminal law; 4) The injustice of the sentence. Article 389-16. The failure to meet the findings of the court, as set out in the sentence, factual circumstances of the criminal case , the sentence is not recognized in the factual circumstances of the criminal case established by the court of first instance , if: 1) the findings of the court are not supported by the evidence considered in the court hearing; 2) the court did not take into account the circumstances that could materely affect the findings of the court; 3) reports of the Committee on the Rights of the Essential to the findings of the court, the court accepted some of the evidence and rejected the other; 4) the findings of the court, as set out in the sentence, contain substantial controversy which affected or could have influenced the decision on the question of guilt or the innocence of the convicted person or the acquitted, the correctness of the application of the criminal law or the determination of the penalty. Article 389-17. Significant violations of the Criminal Procedure Law 1. The grounds for the repeal or amendment of the court decision by the court of appeal are substantive violations of the criminal procedure law, which by depriving or limiting the rights of the participants in criminal proceedings guaranteed by this Code Legal proceedings, failure to observe the procedure or other means have or may have had an impact on the delivery of a legal and reasoned judgement. 2. The grounds for the reversal or modification of a court decision in any case are: 1) the failure of a court to terminate a criminal case if there are grounds under article 254 of the present Code; (2) the judgement is unlawful by the court The composition of the court or the verdict by the unlawful composition of the panel of jurors; (3) consideration of a criminal case in the absence of the defendant, except in the cases provided for in paragraphs 4 and 5 of article 247 of the present Code; (4) consideration of a criminal case without the participation of defence counsel, If his or her participation is mandatory under this Code or in any other violation of the right of the accused to be assisted by counsel; 5) the violation of the right of the defendant to give evidence in his or her mother tongue or language command and use the assistance of an interpreter; 6) not granting the defendant the right to participate in the debates of the parties; 7) not granting the defendant the last word; 8) violation of the secrecy of the jury's meeting or the secrecy of the meeting of judges in the ruling Sentencing: 9) substantiation of the judgement by inadmissible evidence; 10) the absence of a signature of a judge or one of the judges, if the criminal case was heard by a collegiating court, in the relevant court decision; 11) the absence of a trial transcript. Article 389-18. Improper use of criminal law and injustice of sentence 1. The wrong application of the criminal law is: 1) violation of the requirements of the General Part of the Criminal Code of the Russian Federation; (2) the application of the wrong article or the other part of the article of the Special Part of the Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. It is not fair that a sentence has been imposed that is not commensurate with the gravity of the crime, the identity of the convicted person, or a punishment which, although not beyond the limits prescribed by the relevant article of the Special Part The Criminal Code of the Russian Federation, but in its appearance or size, is unjust as a result of excessive softness and excessive subordination. Article 389-19. The scope of the rights of the appellate court instance 1. In criminal proceedings, the court is not bound by the appeal, the submission and the right to inspect the criminal proceedings in full. 2. If several persons have been convicted in a criminal case, and appeal or submission only by one of them or against some of them, the court of appeal may examine the criminal case against all convicted persons. 3. The instructions of the court of appeal are binding on the court of first instance and the prosecutor, if the criminal case is returned to remove the circumstances preventing a lawful and reasoned decision from being made. 4. In the case of the annulment of a sentence or other judicial decision and the transfer of a criminal case to a new trial, or in the case of the return of the criminal case to the prosecutor, the court of appeal may not prejudge the question of: 1) of proof or (b) The lack of proof of the prosecution; (2) the reliability or unreliability of any evidence; 3) the advantages of one evidence to the other; 4) the type and amount of the penalty. Article 389-20. Decisions taken by a court of appeal , instance 1. As a result of the appeal hearing, the court takes one of the decisions: (1) on the abandonment of the sentence, the definition, the orders without modification, and the complaints or representations without satisfaction; 2) cancelling The conviction and sentence of acquittal; (3) of the reversal of the conviction and sentence; 4) on the annulment of the sentence, the judgement, the judgement of the court of first instance and the of a criminal case to a new trial before a court of law (c) The court hearing or trial; (5) for the abolition of the acquittal and of the acquittal; 6) on the annulment of the definition or the ruling and the issuance of the judgement (c) The conviction or acquittal or other judicial decision; (7) the annulment of the sentence, the ruling and the return of the case to the procurator; 8) on the annulment of the sentence, the ruling, the order and the termination criminal case; 9) on the modification of the sentence or other court decision; 10) on the termination of the appeal. 2. In the cases referred to in paragraphs 1, 4, 7 to 10 of the first part of this article, the appellate court shall issue an appeal judgement or order. In the cases referred to in paragraphs 2, 3, 5 of the first part of this article, the court of appeal decides the sentence. In the cases referred to in paragraph 6 of part one of this article, the court shall decide the sentence or render an appeal judgement or order. Article 389-21. The reversal of the conviction or other decision of the court of first instance with the termination of the criminal case When the criminal case is considered on appeal, the court cancellates the conviction or other decision The court of first instance will terminate the criminal proceedings if there are grounds set out in articles 24, 25, 27 and 28 of this Code. Article 389-22. The cancellation of the conviction or otherwise of the court of first instance decisions with the transfer of the criminal case to the new trial or with the return of the criminal case to the prosecutor 1. The indictment or other decisions of the court of first instance are to be repealed with the transfer of a criminal case to a new trial if, in the course of the first instance trial, violations of the criminal procedure and (or) Criminal laws, unaddressed by the court of appeal. 2. In the cases provided for in part one of this article, a criminal case shall be referred to a new trial by the court which decided but otherwise by the court, with the annulment of the sentence or other final decision of the justices of the peace, the justice of the peace The other court. 3. The indictment or other decisions of the court of first instance are to be repealed with the return of the criminal case to the procurator, if the circumstances referred to in article 237 of the criminal case are determined in the appeal procedure. of this Code. Article 389-23. Revocation of sentence and other decisions of the court of first instance with a new judicial decision In the event that a violation by a court can be remedied in a criminal case on appeal, The court of appeal removes the violation, annuls the verdict, ruling, ruling of the court of first instance and makes a new judicial decision. Article 389-24. Revocation of the sentence or change of another judicial decision to deteriorate the position of the convicted, acquitted, person criminal case closed 1. The guilty verdict, the judgement of the court of first instance, may be altered by the deterioration of the convict's position, or by a complaint by the victim, the private prosecutor, their legal representatives, or by a complaint by the victim, or by a private prosecutor. (or) representatives. 2. The judgement of the court of first instance may be quashed by the court of appeal with the referral of a criminal case to a new trial. Representatives of the legal representatives and (or) representatives on the illegality and unfounded justification of the defendant's acquittal. Article 389-25. The abolition of the acquittal, of the judgement of the acquittal by the jury of the jury 1. The acquittal on the basis of the acquittal of the jury may be overturned upon the submission of a prosecutor, or a complaint by the victim or his or her legal representative and (or) a representative only if available of such material violations of the criminal procedure law, which restricted the right of the prosecutor, the victim or his or her legal representative and (or) the representative to the presentation of evidence or influenced the contents of the jury or for the maintenance of data by jurors response judges. 2. The verdict of the verdict of the jury's verdict is to be revoked if the presiding officer did not indicate to the jury that the verdict was unclear and contradictory to the verdict, and not to the jury. suggested that they return to the consultation room to make clarifications on the question list. Article 389-26. Change of sentence and other judicial decision 1. When a sentence and other court decision is modified, the court may: (1) commute the convicted person or apply to his criminal law a less serious crime; 2) to strengthen the convicted person The penalty or use of a criminal law for a more serious crime; 3) to reduce or increase the amount of compensation for material damage and moral injury; 4) to change to more lenient or more Strict correctional institution in accordance with the requirements of article 58 of the Criminal Code of the Russian Federation; 5) to resolve the issues of material evidence, procedural costs and other issues. 2. When complying with the requirements of article 389 to 25 of this Code, the court of appeal may bring the verdict of the jury contrary to the verdict, in accordance with the verdict of the panel of the jury. 3. The acquittal may be altered as to the grounds for acquittal on the grounds of the acquittal of the defence, counsel, legal representative and (or) representative. Article 389-27. The specifics of the review of the verdicts in criminal cases considered by the panel of the jury or in the procedure provided for in Chapters 40 and 40-1 of this Code The grounds for cancellation or modification of court decisions made by a panel of jurors or in the manner prescribed by chapters 40 and 40 to 1 of this Code are the grounds provided for in paragraphs 2 to 4 of article 389-15 of the present Code. Code. Article 389-28. Appeal judgements, definition and judgement 1. The judgements of the appellate court are the appeal, the ruling and the judgement. 2. The appeal judgement shall be delivered on behalf of the Russian Federation in accordance with the procedure set out in articles 297 to 313 of this Code, taking into account the circumstances set out in this chapter. 3. On appeal, the orders specify: 1) the date and place of the determination, judgment; 2) the name and composition of the court; 3) the person filing the appeal or submission; 4) records of persons who participated in the court of appeal court hearing; 5) a summary of the court of first instance decision; 6) summaries of the complainants ' arguments or the objection of the other persons who participated in the meeting The court of appeal; 7) the grounds for the decision; 8) the decision of the appellate court on appeal or submission; 9) the decision on the measure of restraint. 4. The appeal judgement, the ruling specifies the grounds on which the judgement is lawful, justified and fair, and the other court decision of the court of first instance is lawful and justified, and the complaint or submission is not Either the grounds for the full or partial cancellation or the modification of the judicial decision that has been appealed. Article 389-29. The reference-motivational part of the acquittal sentence 1. The justification for the judgement of acquittal is set out in accordance with the procedure established by article 305 of this Code, subject to the requirements of this article. 2. The exculpatory portion of the acquittal is set out: 1) the substance of the charge or a description of the criminal act found to be proved in the conviction of the first court The circumstances of the criminal case established by the court (3) The grounds on which the court The court of appeal rejected the evidence presented by the prosecution, either in the conviction or acquittal or by the judgement of the court of first instance. Article 389-30. The operative part of the acquittal of the sentence 1. The operative part of the acquittal is set out in accordance with the procedure established by article 306 of this Code, subject to the requirements of this article. 2. The operative part of the acquittal should include one of the judgements: 1) to quash the conviction of the court of first instance and to render an acquittal; (2) to cancel the acquittal. The judgement of the court of first instance and the acquittal; (3) of the annulment of the ruling or the judgement of the court of first instance and the acquittal. Article 389-31. The reference-motivant part of the conviction sentence 1. The preamble of the sentence of appeal shall be set forth in accordance with the procedure established by article 307 of the present Code, subject to the requirements of this article. 2. The descriptive part of the sentence of appeal shall state: 1) the substance of the charge or a description of the criminal act found to be proven, as laid down in the judgement of the court of first instance, or established circumstances that were the basis for a judgement of acquittal or ruling of the court of first instance; (2) the circumstances of the criminal case established by the court of appeal (...) (...) (...) (...) The court rejected the evidence submitted by the parties, or which are included in the judgement or acquittal, the judgement, the judgement of the court of first instance. Article 389-32. The operative part of the guilty verdict of the sentence 1. The operative part of the sentence of appeal shall be set out in the manner prescribed by article 308 of this Code, subject to the requirements of this article. 2. The operative part of the appeal judgement must contain one of the judgements: 1) on the reversal of the conviction of the court of first instance and the conviction; (2) that the acquittal The judgement of the court of first instance and the conviction; (3) on the annulment of the definition or judgement of the court of first instance and of the conviction. Article 389-33. Decision of the Appeal Judgement, Appeal ruling, Order and referral to execution 1. The appeal judgement is determined, the judgements of appeal shall be issued in the deliberation room and shall be signed by all the members of the court. A judge who remains in a dissenting opinion is entitled to submit it in writing in the advisory room. A particular opinion is attached to the criminal case and the reading in the courtroom is non-negotiable. 2. The decision of the court of appeal is announced on the return of the court from the deliberation room. A reasoned decision of the court may be suspended for no more than three days from the day of the end of the criminal proceedings, which the presiding officer announces to the parties. The operative part of the court's decision must be signed by all judges and attached to the case. 3. The court of appeal, ruling, order within 7 days from the date of their issuance, shall be sent together with the criminal case for execution to the court which decided the sentence. 4. The appeal, ruling or order under which the convicted person is subject to release shall be executed immediately. A copy of the appeal judgement, the definition, the order or an extract of them concerning the release of the convicted person shall be sent to the administration of the place of detention for immediate execution. Article 389-34. Record of the trial session The Secretary of the hearing shall record the record of the hearing in accordance with the requirements of article 259 of the present Code. According to the content of the protocol, the parties may submit comments to it, which shall be considered by the presiding officer in accordance with article 260 of this Code. Article 389-35. Appeals against the judgement of the Court of Appeal Nature Sentence, the ruling of the court of appeal may be appealed to a higher court in accordance with the procedure established by Chapters 47-1 and 48-1 of this Code. Article 389-36. Re-examination of the criminal case by the Court of Appeal 1. The court of appeal reviews the criminal case on appeal, the submission if the appeal of the convicted person, his counsel or the legal representative, the victim, his or her legal representative or the submission was made when a criminal case against the convicted person has already been heard on appeal or the submission of another participant in the criminal proceedings. 2. The Court shall explain to the participants in the criminal proceedings the right of appeal, in accordance with the procedure established by chapter 47-1 of the present Code, to the newly issued appeal sentences, the ruling, if they contradict the earlier judgement of the court "; (24), article 390, as follows: " Article 390. The entry into force of the sentence and reference to execution 1. The sentence of the court of first instance becomes enforceable upon the expiry of the appeal period if it has not been appealed by the parties. 2. The sentence of the court of appeal shall enter into force from the time of its proclamation and may be revised only in accordance with the procedure established by Chapters 47-1, 48-1 and 49 of this Code. 3. In the event of a complaint, appeal, the sentence becomes enforceable on the day of the decision of the court of appeal if it is not overturned by the court of appeal with the transfer of the criminal case to the new court of appeal. The prosecution or the return of the criminal case to the prosecutor. 4. The sentence shall be applied by the court of first instance within three days from the date of its entry into force or the return of the criminal case from the court of appeal. "; 25), article 391 should read as follows: " Article 391. { \field { \field { \field { \field } { \field } { \field } { \field } { \field } { \field } The determination or ruling of the court of first instance shall be enforceable and shall be applied upon the expiry of the period of appeal on appeal or on the date of the determination or judgement of the court of appeal. 2. The court ruling, which is not subject to appeal on appeal, is enforceable and is applied immediately. 3. The determination or decision of a court to terminate a criminal case made during a trial in a criminal case is subject to immediate execution in its part concerning the release of the accused or defendant from custody. 4. The ruling or ruling of the court of appeal shall enter into force from the date of its proclamation and may be reviewed only in accordance with the procedure established by Chapters 47-1, 48 to 1 and 49 of this Code. 5. The definition or decision of the court of appeal shall be applied in the manner prescribed by Parts 3 and 4 of Article 389-33 of this Code. ";26) Article 401 should read as follows: " Article 401. Appeals against court order 1. A court order issued in connection with matters relating to the execution of a sentence may be appealed or the submission in accordance with the procedure established by chapter 45-1 of this Code. 2. In making a submission to the court ruling that the convicted person is to be released from serving his sentence, the public prosecutor shall notify the administration of the place of serving his sentence in writing before the expiry of the appeal period Appellations. "; (Paragraph in the wording of Federal Law of 06.11.2011) N 294-FZ) 27) section XV should be added to Chapter 47-1 as follows: " CHAPTER 47-1. PRODUCTION AT THE CASSANERAL INSTANCE Article 401-1. The subject matter of the court proceedings in cassation , the Court of Cassation's Court of Cassation examines the legality of the judgement, determination or judgement of a court that has entered into force. Article 401-2. Right to appeal to the Court of Cassation 1. The court ruling that has entered into force may be appealed in accordance with the procedure established by this chapter to the court of cassation of the convicted persons, acquitted persons, their defence counsel and legal representatives, the victims, the private prosecutor and their legal representatives. Representatives and representatives, as well as other persons, in the part in which the judicial decision complained of affects their rights and legitimate interests. The civil claimant, the civil defendant or their legal representatives and representatives have the right to appeal against the judgement in respect of the civil claim. 2. With the introduction of a review of the court decision that has entered into force: 1) the Procurator-General of the Russian Federation and his deputies-in any court of cassation; (2) the prosecutor of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION A district (naval) military court. (Spconsumed by Federal Law of 31.12.2014) N 518-FZ) Article 401-3. Order of cassation complaints, submissions 1. The cassation appeal is submitted directly to the court of cassation, which is entitled, in accordance with part two of this article, to review the judicial decision appealed against. 2. The cassation appeal, the submission is submitted to: 1) the verdict and the ruling of the justices of the peace, the verdict, the ruling and the ruling of the District Court, the appellate rulings, as well as the intermediate court decisions of the Supreme Court of the Republic, of the regional or regional court, the court of the city of federal importance, the court of the autonomous region, the courts of the autonomous region, which they had rendered in the course of the criminal proceedings as a court of first instance, respectively, to the Presidium of the Supreme Court a republic, a regional court or a regional court, a federal city court, court of autonomous district, court of autonomous district; (2) the judicial decisions referred to in paragraph 1 of this part, if they were the subject of the presidium of the Supreme Court of the Republic, the regional or regional court, the court of the city Federal, Autonomous District Court, Autonomous District Court; sentence or other final judgment of the Supreme Court of the Republic, Regional or Regional Court, Federal Court of Justice of the Federal Court, Autonomous Court of Justice of the Autonomous Region, the Autonomous Court of Justice of the Autonomous Region district, if the Supreme Court has not been the subject of the judicial review OF THE PRESIDENT OF THE RUSSIAN FEDERATION Supreme Court of the Russian Federation; (3) Judgement, ruling and ruling of the Garrison Military Court, appeal ruling of the district (naval) military court-to the presidium of the district (naval) military court; 4) Intermediate court decisions of the district (naval) military court, in the course of the criminal proceedings as a first instance court, to the presidium of the district (naval) military court; 5) the judicial decisions referred to in paragraph 3 of this Part if they were under consideration District (naval) military court presidium; sentence or other final court decision of the district (naval) military court, if they were not subject to appeal by the Supreme Court of the Russian Federation; orders of the Presidency district (naval) military court-to the Military Chamber of the Supreme Court of the Russian Federation. Article 401-4. The content of the cassation appeal, view 1. The appeal, the submission must contain: 1) the name of the court to which they are served; (2) the person submitting the complaint, the submission, indicating his place of residence or the place of residence, the procedure provisions; 3) refer to the courts that tried the criminal case in the first instance, appeal or cassation instance, and the content of their decisions; 4) an indication of the court decisions to be appealed; 5) Essential violations of criminal or criminal law by the courts The law of criminal procedure that influenced the outcome of the case, with the evidence of such violations; 6), the submission of a complaint by the person filing the complaint. 2. The cassation appeal of the person who did not participate in the case must state which rights or lawful interests of that person have been violated by a court decision that has entered into force. 3. If the appeal in cassation, the submission was previously submitted to the court of cassation, they must be referred to the decision taken on the appeal. 4. The appeal must be signed by the complainant. A warrant or other certifying authority is attached to the complaint filed by the defence counsel. The submission shall be signed by the prosecutor referred to in Part Two of Article 401-2 of this Code. 5. A copy of the judicial decisions taken in the criminal case shall be attached to the application of the cassation appeal. Where necessary, copies of other documents, in the view of the applicant, are attached to the arguments set forth in the appeal in cassation. Article 401-5. Return of cassation complaints, submissions without consideration 1. The cassation appeal, the submission is returned without consideration, if: 1) the cassation appeal, the submission does not meet the requirements of article 401-4 of the present Code; (2) cassation, submission Submission by a person who is not entitled to appeal to a court of cassation; (3) has missed the deadline for appealing the cassation appeal; 4) has received a request to withdraw the cassation appeal, submissions; 5) cassation complaints, submission with violation of rules The jurisdiction established by article 401-3 of this Code. 2. The appeal must be returned within 10 days from the date of receipt of the appeal to the court of cassation. Article 401-6. A reversal of the worst in the review of the sentence, ruling, court order in cassation Review in cassation of the sentence, rulings, judgements of the court on grounds of deterioration The provisions of the convicted person acquitted, the person against whom the criminal case has been dismissed shall be permitted within a period not exceeding one year from the date of their entry into force if the outcome of the trial has been made in the course of the proceedings Violations of the law distorting the very essence of justice and the meaning of the judgement as an act of justice. Article 401-7. Actions by the Court of Cassation (cassation) on the basis of cassation, submission Cassation complaint, submission made in accordance with the rules laid down by Articles 401-2-401-4 The Code is studied: 1) in the presidium of the Supreme Court of the Republic, the regional or regional court, the court of the city of federal importance, the court of the autonomous region, the courts of the Autonomous District, the district (naval) military court, the respective judge (...) (...) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 401-8. Review of the cassation appeal, View 1. The judges referred to in article 401-7 of the present Code shall examine the cassation appeal, the submission of the documents appended to them, or on the materials of the criminal case submitted by the judge. 2. As a result of the examination of the cassation appeal, the judge rules: 1) on the refusal to submit the cassation appeal, the submission for consideration in the court hearing of the court of cassation, if there is no basis Review of judicial decisions in cassation. At the same time, the cassation appeal, the submission and copies of the judicial decisions complained of remain in the court of cassation; (2) on the referral of the cassation appeal, the filing of a criminal case for consideration in the court hearing of the Court of Cassation. 3. The President of the Supreme Court of the Russian Federation, his deputy may not agree with the decision of a judge of the Supreme Court of the Russian Federation to refuse to submit a cassation appeal, a submission for consideration in a court hearing A cassation appeal and a ruling on the annulment of the decision and on the submission of cassation appeals, the submission of a criminal case for consideration at the court hearing of the court of cassation. Article 401-9. Time limit for review of cassation complaints, submissions 1. The court of cassation, with the exception of the Supreme Court of the Russian Federation, cassation appeals, shall be examined within a period not exceeding one month from the date of their receipt, if the criminal case was not claimed, or on time, exceeding two months from the date of their receipt, if the case was claimed, except for the period from the date of the extermination of the case to the court of cassation. 2. In the Supreme Court of the Russian Federation, in cassation, the submission shall be considered within a period not exceeding two months from the date of receipt, if the criminal case was not claimed, or within a period not exceeding three months from the date of receipt, If the case was claimed, except for the period from the date of the extermination of the case to the day of its admission to the Supreme Court of the Russian Federation. Article 401-10. Judge's decision not to transfer cassation appeals, submissions to court hearing cassation Complaints, submissions to the court of cassation must contain: 1) the date and place of delivery of the judgement; 2) the name and initials of the judge who issued the order; 3) Applicer for cassation, submission; 4) An indication of the judicial decisions that are to be appealed; 5) the grounds on which the submission of the cassation appeal has been refused, the submission for consideration in the court hearing of the court of cassation. Article 401-11. The judge's ruling on the referral of the cassation appeal of the criminal complaint to the criminal case for consideration in the court hearing of the court of cassation 1. The order of the judge on the transfer of the cassation appeal, the submission of a criminal case for consideration in the court hearing of the court of cassation must contain: 1) the date and place of delivery of the judgement; 2) last name and The initials of the judge who delivered the judgement; 3) the name of the court of cassation to which the criminal case is referred; 4) the person who filed the cassation appeal, the submission; 5) reference to judicial decisions to be appealed; 6) The submission of cassation appeals, the submission of a criminal case for consideration in the court hearing of the court of cassation. 2. The judge, together with his ruling, forwards the cassation appeal and the submission of the criminal case to the court of cassation. Article 401-12. Notice of the persons involved in the case of the submission of cassation, criminal case for consideration in a court hearing of the cassation court 1. The court of cassation appeals to persons whose interests are affected by the complaint or submission, a copy of the decision on the transfer of the cassation appeal, the submission of a criminal case for consideration in the court hearing of the court of cassation and copies of the cassation appeal, the submissions. 2. The persons referred to in part one of this article shall be informed of the date, time and place of consideration of the criminal case in cassation, the submission not later than 14 days before the day of the hearing. The failure of these persons to appear before the court of cassation does not preclude the hearing of a criminal case on cassation, submission. Article 401-13. The date and manner of consideration of the criminal cassation appeal, representation in the court session of the cassation court 1. The criminal case on cassation is considered by the court of cassation, with the exception of the Supreme Court of the Russian Federation, within one month, and at the hearing of the Supreme Court of the Russian Federation. The Federation shall within two months from the date on which the judge makes the order provided for in article 401-11 of this Code. 2. At the hearing of the criminal case on appeal in cassation, the prosecutor's participation is obligatory. The other articles of article 401-2 of this Code, subject to their application, shall be taken by the court. These persons are given the opportunity to familiarize themselves with the cassation appeal, the submission and the order for the submission of the complaint, the submission to the court of cassation. A person in custody or a convicted person serving a sentence of deprivation of liberty shall be entitled to participate in a court hearing either directly or through the use of videoconferencing systems, subject to their application. Such a motion may be declared by a person in custody or sentenced to a term of imprisonment, a cassation appeal or within three days of receiving a notice of the date, time and place of the court hearing. In cassation, if the criminal case was referred to the court of cassation on the cassation appeal of the procurator or another person's cassation appeal. The issue of the form of participation in the trial of a person in custody or of a convicted person serving a sentence of imprisonment shall be decided by the court. 3. The judge who ordered the submission of the cassation appeal, the submission of a criminal case for consideration at the court hearing of the court of cassation, is not entitled to participate in the examination of the criminal case. 4. The Presiding Judge, pursuant to the requirements of part two of article 389-13 of this Code, opens the court hearing and determines whether the parties to the proceedings have disqualification and motions. 5. After resolving the disqualification and motions, the criminal case is reported by one of the judges who had not previously taken part in the criminal case. 6. The Rapporteur outlines the circumstances of the criminal case, the content of the court decisions taken in the case, the arguments of cassation, the submission that served as the basis for the submission of the cassation appeal and the criminal case for consideration in the case Judicial review of the court of cassation. The Rapporteur may be asked questions by the judges. 7. If the persons referred to in part two of this article appear in court, they shall have the right to speak in the case. The first is a person who has filed a cassation appeal or a submission. 8. After hearing the parties, the court shall be removed to the deliberation room to make a determination, the ruling, which the presiding officer announces in the courtroom. 9. All matters shall be decided by a majority of the judges when considering a criminal case in cassation. The chair votes last. First, the proposal is put to the vote most favourable to the acquitted, convicted or convicted person. If the number of votes is equal to the number of appeals, the submission is considered rejected. 10. The Registrar of the Court of Cassation shall conduct a protocol in accordance with article 259 of the present Code. According to the content of the protocol, the parties may make comments, which shall be considered by the presiding officer in accordance with article 260 of this Code. 11. The Court of Cassation, the Court of Appeal, and the Court of Appeal. Article 401-14. Decision of the Court of Cassation 1. As a result of consideration of a criminal case, the court of cassation has the right: (1) to leave the appeal or submission without satisfaction; 2) to quell the sentence, ruling or ruling of the court, and all subsequent Judicial decisions and the termination of proceedings in the criminal case; (3) quverting the sentence, ruling or ruling of the court and all subsequent judicial decisions and transferring the criminal case to a new trial or returning the case Prosecutor; 4) to overturn the judgement of the court of appeal and transfer the criminal case to a new appellate review; 5) annuls the decision of the court of cassation and refer the criminal case to the new review of cassation; 6) to amend the sentence, definition or Court ruling. 2. In the cases referred to in paragraphs 2 to 6 of part one of this article, the court of cassation must indicate the specific ground for the annulment or modification of a court decision in accordance with article 401-15 of this Code. 3. The determination and decision of the court of cassation must be in conformity with the requirements of Parts 3 and 4 of Article 389-28 of this Code. 4. The determination of the court of cassation shall be signed by the entire court and the ruling of the court will be issued by the presiding officer. 5. The court's ruling or ruling is attached to the criminal case together with the appeal or submission that served as the basis for the submission of a complaint or submission for consideration by the court of cassation, Order of the judge of the court of cassation, in whose proceedings the cassation appeal or the submission was made. 6. In cassation, the submission was brought before the cassation court by the ruling of the President of the Supreme Court of the Russian Federation or his deputy, within 10 days of the decision of the court of cassation. The court sends a copy of this decision to the President of the Supreme Court of the Russian Federation or to his deputy, who, by a decision, has the right to submit an appeal in cassation, submission, if they have been left without satisfaction or satisfaction in part for consideration by a higher court of cassation or Presidium of the Supreme Court of the Russian Federation. Article 401-15. The grounds for cancelling or modifying the judicial decision in the review of the criminal case in cassation 1. The grounds for the annulment or modification of the judgement, the judgement or the judgement of the court in the consideration of a criminal case in cassation are substantive violations of the criminal and (or) criminal procedure law that influenced the outcome of the case. 2. The removal of the circumstances referred to in article 247 of the present Code, in the presence of a request by the convicted person or his or her defence counsel, constitutes grounds for the annulment of the sentence, determination or judgement of the court in the consideration of the criminal case. A cassation appeal. 3. Sentence, determination, ruling of the court and all subsequent judicial decisions shall be annulled with the return of the criminal case to the prosecutor, if the circumstances referred to in the first article of the criminal case are revealed in the consideration of the criminal case. 237 of this Code. Article 401-16. The Limits of the Rights of the Court of Cassation 1. The court of cassation is not bound by the arguments of the cassation appeal or the submission and is entitled to inspect the full criminal proceedings. 2. If several persons have been convicted in a criminal case, and only one or some of them are brought in cassation, or in respect of some of them, the court of cassation may examine the criminal case against all convicted persons. 3. The court of cassation may, in criminal proceedings, mitigate the sentence imposed on the convicted person or apply a criminal law on a less serious crime. 4. When the criminal case is brought to a new hearing, the court of cassation must indicate to the court of which the criminal case is returned. 5. In the event that several persons have been convicted or acquitted in a criminal case, the court may not revoke the sentence, determination or decision in respect of those acquitted or convicted for which the appeal or the submission is not brought, If the annulment of the sentence, the definition or the order makes their situation worse. 6. The instructions of the court of cassation are binding on the retrial of the criminal case by the lower court. 7. If the court decision is cancelled, the court of cassation does not have the right: (1) to establish or consider the facts that have not been established in the judgement or have been rejected by them; (2) to prejudge questions of proof, or The lack of proof of the prosecution, the veracity or unreliability of any evidence and the advantages of one evidence before the other; 3) to decide whether a criminal trial would be applied by a court of first or appellate jurisdiction the law and the penalty; 4) to prejudge the conclusions that may be drawn Be made by a court of first instance or court of appeal when the criminal case is re-examined. Article 401-17. Inadmissibility of repetitions or new cassational appeals, submissions No repetitions or new cassational appeals are allowed, submissions on the same or other legal grounds, same or other persons in The same court of cassation, if the same appeal or submission against the same person was previously heard by the court or were dismissed by a judge's order. "; 28), chapter 48 , which has no effect; 29), to be supplemented by Chapter 48-1, to read: " CHAPTER 48-1. PROCEEDINGS IN THE SURVEY INSTANCE Article 412-1. Review of judicial decisions in the order of supervision 1. The court decisions that have entered into force, as set out in part two of this article, may be reviewed by the Presidium of the Supreme Court of the Russian Federation on the complaints and submissions of the persons referred to in the first and second parts of the article. 401-2 of this Code. 2. The court of review inspects the legality of the sentence, determination or decision of the court by supervisory review. 3. The Presidium of the Supreme Court of the Russian Federation will appeal against the court decisions of the supreme courts of the republics, regional or regional courts, federal courts of federal importance, the courts of the Autonomous Region, and the courts of the Supreme Court of the Russian Federation. Autonomous districts issued by these courts in the first instance, if these decisions were the subject of an appeal before the Supreme Court of the Russian Federation; 2) judicial decisions of the district (fleet) Military courts rendered by these courts in criminal proceedings in the first -if the decisions were the subject of an appeal before the Supreme Court of the Russian Federation; 3) the determination of the Criminal Division of the Supreme Court of the Russian Federation and the definition of the Military Collegium of the Supreme Court of the Russian Federation; 4) the determination of the Criminal Division of the Supreme Court of the Russian Federation and the definition of the Military Collegium of the Supreme Court of the Russian Federation, in cassation; 5) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 412-2. The procedure and time frame for the filing of supervisory complaints, submission The complaint is submitted directly to the Supreme Court of the Russian Federation. The judicial decisions referred to in part three of article 412-1 of this Code may be appealed in the exercise of supervisory review within one year from the date of their entry into force. In the event of a time-limit for appeal, the person entitled to file a complaint or submission may apply to the court which decided the sentence or the decision that has made a different decision to reinstate the missed deadline. The procedure provided for in article 389-5 of this Code. Article 412-3. The content of supervisory complaints, submissions 1. The complaint, submission must contain: 1) the name of the court to which they are served; (2) the person submitting the complaint, the submission, indicating his place of residence or the place of residence, the procedure provisions; 3) refer to the courts that tried the criminal case in the first instance, appeal or cassation instance, and the content of their decisions; 4) an indication of the court decisions to be appealed; 5) the legal grounds for judicial review of a court decision (a) The need for a review of the situation in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the 2. In the supervisory appeal of a person who has not participated in the case, it must be stated which rights, freedoms or lawful interests of that person have been violated by a court decision that has entered into force. 3. The complaint must be signed by the complainant. The oversight submission should be signed by the Procurator-General of the Russian Federation or his or her deputy. 4. By supervisory appeal, the submission shall be accompanied by a copy of the court decisions taken in the case, authenticated by the first, appellate or cassation courts. Article 412-4. The return of the review complaint, view without consideration on the merits 1. The complaint, submission is returned without consideration on the merits, if: 1) supervisory appeal, submission fails to meet the requirements of Article 412-3 of this Code; 2) supervisory appeal, submission Filed by a person who does not have the right to appeal to the court of review; (3) missed the deadline for appealing a judicial decision under the supervisory review procedure; 4) received a request for withdrawal of the supervisory review complaint, submission; 5) supervisory review complaint, submission in violation of rules established by the Part Three of article 412-1 of this Code. 2. The submission of complaints must be returned within 10 days from the date of receipt of the complaint to the supervisory court. Article 412-5. Review of supervisory complaints, view 1. The submission made in accordance with the rules set out in articles 412 to 412 to 3 of this Code is being examined by a judge of the Supreme Court of the Russian Federation. The judge of the Supreme Court of the Russian Federation examines the supervisory complaints, the submission of the materials attached to the complaint, the submission, or the materials of the criminal case. 2. According to the results of the examination of the supervisory appeal, the judge of the Supreme Court of the Russian Federation rules: 1) on the refusal of the transfer of the supervisory review complaint, the submission for consideration in the court session of the Presidium of the Supreme Court OF THE PRESIDENT OF THE RUSSIAN FEDERATION In this case, the supervisory review proceedings, as well as copies of the judicial decisions complained of, remain in the supervisory review court; (2) on the transfer of the supervisory appeal, the filing of a criminal case for consideration in the court session of the Presidency OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The President of the Supreme Court of the Russian Federation or his or her deputy may not agree with the decision of the judge of the Supreme Court of the Russian Federation to refuse the transfer of the supervisory complaints, the submission for consideration in the court session of the Presidency The Supreme Court of the Russian Federation and to issue a ruling on the abolition of the said decision and on the transfer of supervisory complaints, the submission of a criminal case for consideration at the hearing of the Presidium of the Supreme Court of the Russian Federation. Article 412-6. The time limit for the review of the supervision complaints, the submission of The complaint is examined by the Supreme Court of the Russian Federation within one month from the date of receipt, if the criminal case was not claimed, or, within two months from the date of their receipt, if the criminal case was claimed, except for the period from the date of the extermination of the case to the Supreme Court of the Russian Federation. Article 412-7. Decision on the refusal of the transfer of supervisory proceedings complaints, submissions for consideration by the Supreme Court Presidium of the Supreme of the Supreme Court of the Russian Federation Complaints, submissions for consideration by the Presidium of the Supreme Court of the Russian Federation should contain: 1) the date and place of delivery of the judgement; 2) the surname and initials of the judge who delivered the judgement; 3) the person submitting the complaint; (4) An indication of the court decisions that are to be appealed; 5) the grounds on which the transfer of supervisory complaints has been refused, the submission for consideration by the Presidium of the Supreme Court of the Russian Federation. Article 412-8. The decree on the transfer of supervisory review complaints, representations with criminal case for consideration in a court session of the Presidium of the Supreme Court Russian Federation 1. The decision on the transfer of supervisory complaints, the submission of a criminal case for consideration at the hearing of the Presidium of the Supreme Court of the Russian Federation should contain: 1) the date and place of the judgement; 2) The name and initials of the judge who made the decision; 3) the data on the complainant, the submission; 4) an indication of the judicial decisions to be appealed against; 5) solutions; 6) reasons for the transfer of supervisory complaints, Submission of a criminal case for consideration at the trial of the Presidium of the Supreme Court of the Russian Federation; 7) of the judge's proposal. 2. The judge of the Supreme Court of the Russian Federation, together with the ruling handed down by him, submits supervisory complaints to the Presidium of the Supreme Court of the Russian Federation with criminal proceedings. Article 412-9. The grounds for cancelling or modifying judicial decisions under supervision 1. The grounds for the repeal or amendment of the court's sentence, ruling or ruling are substantive violations of the criminal and/or criminal procedural laws that have affected the outcome of the case. 2. No supervisory review is allowed for the worst in judicial review, except in the cases provided for in articles 401 to 6 of this Code. Article 412-10. The procedure and time limit for the consideration of the criminal case of the criminal complaint case, submission to the court of the meeting of the Presidium of the Supreme Court of the Russian Federation 1. The submission is considered by the Presidium of the Supreme Court of the Russian Federation in court no later than two months from the date of the decision to transfer the criminal case to the court of review. On the date, time and place of the hearing, the court shall notify the persons referred to in article 412, paragraph 1, of the present Code. 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Presidium of the Supreme Court of the Russian Federation cannot participate in the consideration of this criminal case by the Presidium of the Supreme Court of the Russian Federation. 3. Persons referred to in the first part of article 412-1 of this Code shall participate in the hearing. In the hearing of the criminal case on supervisory appeal, the participation of the prosecutor is obligatory. 4. The case is reported by a judge of the Supreme Court of the Russian Federation, who had not previously taken part in the consideration of the criminal case. 5. The Rapporteur outlines the circumstances of the criminal case, the content of the judicial decisions, the arguments of the supervisory appeal, the submissions that served as the basis for the transfer of the supervisory appeal, the filing of a criminal case for consideration at the Bureau's trial. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Rapporteur may be asked questions by the judges. 6. If the persons referred to in part three of this article appear in court, they are entitled to speak on the merits of the case. The first is the person who has filed the supervisory complaints or the submission. 7. As a result of the review of the supervisory complaints, the Presidium of the Supreme Court of the Russian Federation is in the process of adopting a resolution. 8. In reviewing complaints, all matters are decided by a majority vote of the judges. The first shall be put to the vote for the sentence most favourable to the convicted person. With the equal number of votes cast for the review of the case and against its revision, supervisory complaints, the submission is considered rejected. 9. The Registrar of the Judicial Review Tribunal shall conduct a protocol in accordance with article 259 of the present Code. According to the content of the protocol, the parties may make comments, which shall be considered by the presiding officer in accordance with article 260 of this Code. 10. The order of the court of supervisory authority shall be issued and shall apply for execution in accordance with the procedure provided for in article 389-33 of this Code. Article 412-11. The powers of the Presidium of the Supreme Court of the Russian Federation in the revision of the judicial decisions under the supervisory review procedure 1. As a result of the consideration of the criminal case, the court of supervisory authority has the right: (1) Decline the complaint, submission without satisfaction; 2) to abolish the sentence, determination or ruling of the court and all subsequent judicial proceedings. The decision and termination of the criminal case; 3) to cancel the sentence, ruling or ruling of the court and all subsequent judicial decisions and to refer the criminal case to the court of first instance for further judicial review; 4) to overturn the decision of the court of appeal and to transfer the criminal The case for a new appellate review; 5) to cancel the decision of the court of cassation and to refer the criminal case to the new review of cassation; 6) to quell the sentence, the ruling or the ruling of the court, and all subsequent court decisions and remand the criminal case to the prosecutor, if there are grounds stipulated in Part Three of Article 389-22 of this Code; 7) to amend the sentence, ruling or order of the court; 8) supervisory complaints, submission without substantive consideration on the basis of The grounds provided for in articles 412 to 4 of the present Code. 2. In the cases provided for in paragraphs 2 to 7 of part one of this article, the court of review must indicate the specific grounds for the repeal or amendment of the court decision in accordance with part one of article 412 to 9 of this Code. 3. The order of the court of review shall be signed by the presiding officer in the hearing and shall comply with the requirements of Parts 3 and 4 of Article 389-28 of this Code. 4. The order of the court of review is attached to the criminal case, together with the supervisory complaint, submission, by a decision of the judge of the court of supervisory authority and rendered in the cases provided for in part three of article 412-5 of this Code, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 412-12. Limits of the rights of the Presidium of the Supreme Court of the Russian Federation 1. In criminal proceedings, the Presidium of the Supreme Court of the Russian Federation shall verify that the rules of criminal and criminal procedure are correctly applied by the lower courts in the case, within the limits of arguments. oversight complaints, submissions. In the interests of the rule of law, the Presidium of the Supreme Court of the Russian Federation has the right to go beyond the arguments of the supervisory appeal, to submit and to consider the criminal case in full, including against persons who have not appealed the judicial decisions in the courts. Supervision. 2. The instructions of the Presidium of the Supreme Court of the Russian Federation are binding on the court hearing the criminal case again. 3. The Presidium of the Supreme Court of the Russian Federation, in the event of the annulment of a court decision, is not entitled to establish or consider the facts that have not been established or were rejected by a court of first or appellate instance, prejudging the issues the credibility or unreliability of any evidence, the advantage of one evidence to the other, and the determination of the court decision to be taken in the new case. Article 412-13. The entry into force of the ruling of the Presidium of the Supreme Court of the Russian Federation The ruling of the Presidium of the Supreme Court of the Russian Federation shall enter into force from the moment of its proclamation. "; 30) in article 417: (a) in Part One: paragraph 4 should be declared invalid; paragraph 5 should be amended to read: " 5) Sentencing, rulings of the Criminal Division of the Supreme Court of Justice OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation in the course of the criminal proceedings brought before the Court of Appeal or of the Court of Cassation, by the same courts, if the judgements were not examined by the Presidium of the Supreme Court of the Russian Federation THE RUSSIAN FEDERATION; "; to supplement paragraph 8 with the following text: " 8) of the Order of the Presidium of the Supreme Court of the Russian Federation by the Presidium of the Supreme Court of the Russian Federation. "; b) Part Two, set out in the following paragraph. editions: " 2. The previous consideration of a criminal case on appeal or cassation does not preclude it from considering the same court as the resumption of criminal proceedings in the light of new or newly discovered circumstances. "; (c) In the third word "article 407", replace the words "article 401-13"; g) in Part 4 of the word "article 407" and replace by the words "Parts One to 7 of Article 401-13"; (31) in the article 444 words "on appeal" should be replaced by the words "on appeal", the words "Chapter 45" shall be replaced by the words "Chapter 45-1"; 32) in part 8 of article 445 to replace the words "by way of cassation" with the words "on appeal and cassation"; (33), article 452, shall be declared void; 34) in paragraph 9 of article 463, replace the words "by way of cassation" with the words "on appeal". Article 2 Confess: 1) Article 16, paragraph 11, of the Russian Federation Act of 26 June 1992 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1792); 2) Paragraph 13 of Article 1 of the Federal Law of 15 December 2001 N 169-FZ " On introducing amendments and additions to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4834); 3) paragraphs 63-65 of Article 1 of the Federal Law of 29 May 2002 N 58-FZ " On introducing amendments and additions to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2027); 4) paragraphs 78-84 of Article 1 of the Federal Law of 4 July 2003 N 92-FZ " On introducing amendments and additions to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2706); 5) paragraphs 14 and 19 of article 1 of the Federal Law of 8 December 2003, No. 161-FZ " On the activation of the Code of Criminal Procedure OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4847); 6) Article 9 of the Federal Law of 20 August 2004 N 113-FZ " On juries of the federal courts of general jurisdiction in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3528); 7) paragraph 3 of the Federal Act of 9 January 2006, N 13-FZ " On amendments to articles 44, 54 and 402 of the Code of Criminal Procedure OF THE PRESIDENT OF THE RUSSIAN FEDERATION 277); 8) paragraphs 21 to 23 of article 10 of the Federal Law of 27 July 2006, No. 153-FZ " On amendments to selected legislative acts The Russian Federation has adopted the Federal Law "On ratification of the Council of Europe Convention on the Prevention of Terrorism" and the Federal Law "On Counteracting Terrorism" (Assembly of Laws of the Russian Federation, 2006, No. 31, Art. 3452); 9) Federal Law of 14 March 2009 N 37-FZ " On amending Article 407 of the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1266); 10) Federal Act No. 39 of 14 March 2009 on amendments to articles 404 and 405 of the Code of Criminal Procedure OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1268); 11) paragraphs 1 to 5 of the Federal Law of 29 November 2010, No. 323-FZ " On amendments to the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6419). Article 3 1. This Federal Act shall enter into force on 1 January 2013, with the exception of the third and fourth paragraphs of article 1, paragraph 1, and article 1, paragraph 23, of this Federal Act. 2. Paragraphs 1 and 4 of article 1, paragraph 1, and article 1, paragraph 23, of this Federal Act shall enter into force on 1 May 2011. 3. Provisions of chapter 45-1 of the Code of Criminal Procedure of the Russian Federation (as amended by the present Federal Law) from 1 May 2011 to 31 December 2012 applies only to the part of the appellate review of interim court decisions of the Supreme Court of the Republic, the Regional or Regional Court, the City Court of the Federal Court, the Autonomous District Court, the Autonomous District Court, A district (naval) military court. Functions of the appellate court in the review of intermediate court decisions of the Supreme Court of the Republic, Regional or Regional Court, Federal Court of Justice of the Federal Court, the Autonomous District Court, the Autonomous District Court, the District (Navy) of the Military District The courts shall be tried by the criminal divisions of these courts. 4. Appeals, cassation and the submission of the prosecutor to judicial decisions made before the date of the entry into force of this Federal Act, as well as the supervisory appeals and submissions of the prosecutor not considered on the date of entry into force of this Federal Act, shall be considered by the rules in force prior to 1 January 2013. (In the wording of the Federal Law of 23.07.2013 N 217-FZ) 5. (Spconsumed by Federal Law of 31.12.2014) N 518-FZ ) President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 29, 2010 N 433-FZ