Supervisory powers of Chairman and deputy chairman of the Supreme Court of the Russian Federation at the procedure stages in cassation and supervisory courts

Dikarev Iliya Stepanovich

Candidate of Juridical Sciences, Associate Professor,

Head of the Institute of Law,

Volgograd State University

E-mail: dikarew@mail. ru, law@volsu. ru

Prospect Universitetsky, 100, Volgograd, 400062, Russian Federation

Supervisory powers of Chairman and deputy chairman of the Supreme Court of the Russian Federation at the procedure stages in cassation and supervisory courts

Abstract. The article deals with the issues related to implementing the powers by the chairman and deputy chairman of the Supreme Court of the Russian Federation on repeal of decrees decerned by judges of cassation and supervisory courts concerning the dismissal of transferring the cassational and supervisory appeals for hearing at the session of cassation court or Presidium of the Supreme Court of the Russian Federation. The first stage of cassation and supervisory court procedure is the preliminary procedure in the process of which judge studies appeals and evaluates their reasonability. The decision about the repeal of claim transfer for consideration may be rejected by chairman or deputy chairman of the Supreme Court of the Russian Federation. In courts of regional level such control by court officials is not carried out, and that leads to inequality of parties’ rights and unjustified differentiation of procedure form of cassation court procedure stage. In this connection the author suggests to empower the chairman of regional court to reject the “negative” decision of judge and to transfer cassation appeals to court sessions. The article criticizes the power of chairman and deputy chairman of the Supreme Court of the Russian Federation to direct cassation appeals to superior court in case of their zero or partial granting (p. 6 art. 401. 14. CPC RF). This power does not comply with the current structure of reconsidering valid court decisions, and contradicts the constitutional principles of parties’ competitiveness and judges’ independence.

Key words: criminal procedure, cassation court, supervisory court, Chairman of the Supreme Court of the Russian Federation, principle of judicial independence, competitiveness of parties

СПИСОК ЛИТЕРАТУРЫ

1. Апелляция, кассация, надзор: новеллы ГПК РФ, УПК РФ. Первый опыт критического осмысления / Под общ. ред. Н. А. Колоколова. – М.: Издательство «Юрист», 2011. – 188 с.

REFERENCES

1. Apellyatsiya, kassatsiya, nadzor: novelly GPK RF, UPK RF. Pervyy opyt kriticheskogo osmysleniya [Appeal, Cassation, Supervision: Novelties of the Russian Civil Procedure Code and Criminal Procedure Code. The First Experience of Critical Interpretation]. Under the general editorship of N. A. Kolokolov. Moscow, Yurist Publ., 2011, 188 p.