Comparative Characteristics of the Formation of the Institute of Appeal in the Period of the XII — the First Half of the XX Centuries on the Example of Russia, France, England

Authors

  • O. V. Mikhaylova Северо-Западный институт управления Российской академии народного хозяйства и государственной службы при Президенте Российской Федерации Author

Keywords:

trial;appeal;sentence;legal proceedings;criminal case;appeal against the decision;judicial reform;appellate instance;court decision;review of judgments;criminal procedure

Abstract

Appeal proceedings are among the dynamically developing institutions of criminal procedure law. Over its long history, it has gone a long way to reform and improve, but if we try to find out where this institution originates in Russia, we will face a number of difficulties due to problems with defining the features of appeal in the early stages of development, as well as different periods of emergence and beginning of development compared to other states. The purpose of this article is to study the sources of Russian law, including the Novgorod and Pskov judicial charters, the Court Books of Ivan III and Ivan IV, the Cathedral Code — this study makes it possible to analyze the institute of appeal in Russia, its formation at the initial stage of development. The article also examines further changes in the imperial period and compares the level of development and main features at all stages of the existence of appeal proceedings in Russia with appeal in such foreign countries as France and England. The paper also touches on the state of appeal in the Soviet period. As a result of the work, it was concluded that, despite the later origin and formation of the appeal system of Russia in comparison with foreign countries, by the imperial period it was able to eliminate the backlog from its European neighbors.

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Published

2023-01-15

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Section

Статьи

How to Cite

Mikhaylova O.V. Comparative Characteristics of the Formation of the Institute of Appeal in the Period of the XII — the First Half of the XX Centuries on the Example of Russia, France, England // Novelty. Experiment. Traditions. 2023. Vol. 9, no. velty. P. 49–55.