Maryanova S. Decision of the court of appeal in criminal proceedings: theory and practice of implementation

The dissertation is the first comprehensive study of the theoretical and practical problems of making decisions by the court of appeal in criminal proceedings in the science of criminal procedural law. The dissertation defines the decision of the appeals court in criminal proceedings as a situational law-enforcement act of a power-administrative nature, issued by the appeals court in the manner prescribed by law and expressed in the form prescribed by law, in the proceedings initiated by the participants in the proceedings, on the basis of the factual circumstances of the case established during the proceedings, aimed at performance of the tasks of criminal proceedings in general and the stage of appeal proceedings in particular, which contains answers to legal questions that arise during the review of court decisions in the appeal procedure, and authoritative prescriptions regarding the commission of certain legal actions or the occurrence of certain legal consequences that are of a generally binding nature. The theoretical knowledge about the meaning of the decisions of the appellate court has been improved, in particular the organizational, material-legal, procedural, judicial control, educational-scientific, educational and preventive meaning of the decisions of the appellate court has been highlighted and argued. Such decisions should contribute to improving the quality of the work of courts of first instance, positively influence the formation and direction of judicial practice on the same understanding and correct application of legal norms, have an impact on the formation of professional legal awareness of judges and participants in criminal proceedings. A system of modern criteria for the classification of decisions of the appellate court in criminal proceedings was formed and classification was carried out according to them, namely: 1) in relation to the subject of proof: main and auxiliary; 2) by functional purpose: initial, intermediate and final; 3) depending on the stage of the appeal proceedings: a) resolutions adopted at the stage of opening the appeal proceedings; b) resolutions adopted at the stage of preparation of appeal proceedings; c) resolutions adopted at the appeal stage; d) resolutions adopted at the stage of completion of appeal proceedings after going to the consultation room for the adoption of a court decision; 4) depending on the tasks to which the decisions of the appeals court are directed: a) organizational decisions; b) resolutions aimed at proof; c) resolutions aimed at applying measures to ensure criminal proceedings; d) resolutions aimed at ensuring the rights of participants in appeal proceedings; e) resolutions aimed at solving the appeal on the merits; 5) depending on the subject structure of acceptance: collegial and individual; 6) depending on the requirement of imperativeness of acceptance: mandatory and optional (optional); 7) according to the procedural order of adoption: a) resolutions passed in the consultation room; b) decisions made directly in the courtroom; c) «administrative» decisions issued in a separate administrative order by the judge-reporter; 8) according to the procedural form of confirmation: a) resolutions set out in a separate procedural document; b) resolutions entered in the journal of the court session; 9) depending on the possibility of appeal provided by the Code of Criminal Procedure of Ukraine: decisions that are subject to and decisions that are not subject to appeal in the cassation procedure; 10) based on the special powers of the appellate court, which are not directly related to the review of court decisions of courts of first instance and investigative judges, a separate group is allocated - special decisions of the appellate court: a) decisions related to such powers of the appellate court as the adoption of a decision to transfer criminal proceedings from one court to another (determining the jurisdiction of criminal proceedings); b) «separate» decisions of the appeals court.