The Chairman of the Supreme court (SC) or his Deputy should be allowed “in exceptional cases” on its own initiative, to claim any business and submit it to the Presidium of the Supreme court representation about revision of judicial decisions under the Supervisory procedure, as stated in the bill that on June 20 submitted to the state Duma by the Deputy from “United Russia”, the representative of the lower house of Parliament in the armed forces Vladimir Ponevejsky.
The revision should not lead to the deterioration of the situation of the defendant in the case, the document says. According to the Criminal procedure code, grounds for review of decisions of the court are substantial violations of the law that influenced the outcome of the case.
“The priority is the duty of the state, in the face of the court to rectify a miscarriage of justice to an unjust judicial act could not further be performed. The duty of the state to correct errors of the court cannot be put in dependence on presence or absence of appropriate procedural reason (complaint or presentation)”, — stated in the explanatory Memorandum.
Now the law does not provide for the right of the Supreme court to review the judicial decisions on its own initiative, that is, “an erroneous judicial decision could not be fixed without recourse of the parties to a higher court”, follows from the explanatory note. Mistrial judges, the armed forces may become aware from the media, from the materials of judicial practice or other sources.
Changes are proposed not only in criminal proceedings but also in administrative, civil and arbitration proceedings.
The opportunity to make a protest to the Presidium of the courts not only for the Chairman of the armed forces, but also for the chairmen of the regional courts were provided in previous editions of the criminal procedure code and the Civil code that existed prior to the zero, Ponevezhsky said.
According to him, violations that could affect judicial decision can be the absence of a right to protection, the lack of investigation of all the circumstances of the case, the improper qualification of the case, the absence of an investigation officer or a violation of the process of the hearing.
About the need to give the Chairman of the armed forces and his deputies the right to initiate a review of the case spoke on the judicial Council in may, the head of the Supreme court Vyacheslav Lebedev. He stressed that the Supreme court has repeatedly called the mother of the convict, seeking the cancellation rendered the son of a sentence, but her statement was not taken because there was no submission from the Prosecutor, no complaints from the prisoner. “Today we can’t interfere if the decision is wrong, but not appealed and entered into force,” — said Lebedev.
The bill is at odds with the position of the constitutional court, which has repeatedly indicated that courts should not consider cases without treatment of the parties, said Professor of the Department of judiciary and organization of justice, faculty of law, HSE Sergey Pashin. According to him, innovation can lead to the strengthening of the position of the Supreme court.