GENERAL ORDER OF THE CASSATION PROCEDURE: THEORETICAL AND LEGAL CHARACTERISTICS

Abstract

The article is devoted to the disclosure, based on the study of the provisions of the Criminal Procedure Code of Ukraine and the practice of the court of cassation, of the peculiarities of the procedure of cassation proceedings and the resolution of legal issues that arise during the proceedings. The article analyzes the stages of cassation proceedings, reveals their sequence, the importance of observing each of them and their legal regulation, focuses on the practical aspects of applying the requirements of the law regarding cassation proceedings. It is established that the judge-rapporteur, after carrying out all preparatory actions, issues a decision on the end of preparation and appointment of cassation proceedings. It is at this stage that the cassation proceedings begin, which plays a significant role in ensuring the stability and unity of judicial practice and, at the same time, is characterized by a number of features. Based on the analysis of the requirements of the criminal procedural legislation and the practice of the Criminal Court of Cassation as part of the Supreme Court, the main problematic issues that arise during the cassation proceedings are outlined, and ways to solve them are proposed. The differences between the cassation trial and the trial by the courts of the first and appellate instances are highlighted. In particular, attention is focused on the fact that the court of cassation instance does not carry out a number of procedural actions, which participants in cassation proceedings quite often mention in cassation appeals and during court appearances, in accordance with the requirements of criminal procedural legislation. Based on the results of the research, the conclusion that the cassation review is of great importance for the correct decision of the case and consists of three stages: 1) preparation for the consideration of the proceedings on the merits (clarification by the court of who appeared, the reasons for the non-appearance of the parties, announcement of the composition of the court, clarification of the rights and obligations of the participants in the proceedings, the right of withdrawal, etc.); 2) consideration of the proceedings on the merits (report of the judge-rapporteur, statements by the participants of the cassation hearing); 3) adoption and announcement of a court decision.