Open AccessFinal and Intermediate Court Decisions in the Context of Unification and Differentiation of Court Proceedings in Criminal Procedure
Author(s) -
Sergey Burmagin
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.106.9.097-105
Subject(s) - interim , normative , law , criminal court , terminology , context (archaeology) , unification , political science , set (abstract data type) , criminal procedure , criminal law , law of the case , court of record , supreme court , computer science , international law , original jurisdiction , programming language , paleontology , linguistics , philosophy , biology
The paper investigates normative-legal concepts of final and intermediate court decisions in criminal proceedings. Having carried out verbal and semantic and subject-content analysis of these definitions, the author reveals their drawbacks in terms of the terminology used and fictiousness in terms in the context of their subject matter. It is stated that the concept of an interim court decisions includes heterogeneous judicial acts fundamentally different in their nature and purpose. On the basis of the provisions of the theory of differentiation of criminal proceedings and the application of the method of systemic and structural analysis of the procedural activity of the criminal court, it is concluded that judicial acts and the final decisions of higher courts have common characteristics of final court decisions and should not be classified as interim, i.e. auxiliary. It is proposed to limit the concept of an interim judgment to a set of preparatory decisions, decisions to enforce and organizational decisions taken by the court in the course of preparation and conduct of a trial in any criminal proceedings.