ДОКАЗУВАННЯ В АПЕЛЯЦІЙНОМУ СУДІ (ІСТОРИЧНИЙ ЕКСКУРС)
The study is devoted to the analysis in the historical perspective of the Institute of Appeal Review of the decisions of the court of first instance. The main provisions of the appeal development in the territory of Ukraine are outlined. It is noted that the Institute of Appeal Review was inherent in the Ukrainian lands for a long time, and the institute of cassation as a second instance was a temporary phenomenon. The features of evidence are analyzed, due to this particular stage of the proceedings. Knowledge of the history of the existence of this institution allows us to improve it at the present time.
Pursuant to the current Criminal Procedure Code of Ukraine (Article 392), appeals may be appealed against by a court of first instance which has not entered into force, which makes it possible to eliminate errors quickly and prevent unjustified decisions from entering into force. The Court of Appeal shall review the court decisions of the court of first instance only within the framework of an appeal, which reduces the process of proving to the requirements set out therein. Accordingly, the authority to investigate evidence is determined by the review of criminal proceedings within the requirements of the appeal, taking into account the possibility of taking a decision beyond the appeal, if this does not aggravate the situation of the accused.
Historically, the Institute of Appeal Review has long been known in Ukraine. In particular, the appeal procedure for reviewing judicial "decrees" – the decrees enshrined in the Lithuanian Statute of 1588, which has been a leading source of law for several centuries.
For the first time in Ukrainian law, the Institute of Appeal Review was most thoroughly regulated in the Rights Pursued by the Little Russian People (1743 p.), Where it was defined as a "proper recall and transfer from a lower court to a higher case of litigating parties when one of them of them, she considered herself an offended sentence in her case in this lower court. "
The further development of the Institute of Appeal Review in Ukraine is closely linked to the implementation in its lands of the laws of the Russian Empire, more precisely, to the Judicial Reform of 1864, which provided for the creation of a mixed form of criminal proceedings.
In this historical period, the peculiarities of the evidence that are due to this particular stage of litigation are analyzed. Knowledge of the history of existence of this institute allows to improve it even now.
When ruling, the appellate court could not go beyond the appellate requirements. If the verdict was challenged by a public prosecutor (or private), then the appellate court could only overturn the verdicts against those defendants mentioned in the complaint or protest. If only some of the defendants in the case were lodged with the complaint, then the appellate court was not entitled to mitigate the punishment of the defendants who did not file the complaint. After reviewing the case and re-examining its legal and factual sides, the Court of Appeal decided: upheld the judgment of the trial court or issued a new sentence.
Generalized: – Common to the appeal process is that provisions that were not investigated in a court of first instance are not revised unless the participants have filed a motion before the local court or became known after the court decision; – the process of proof is limited to the appeal requirements (although there have historically been moments of full review); – An interesting point is the prohibition of appeal against certain decisions, as well as the punishment of judges for rendering unfounded decisions, which provided for severe punishment, which can be borrowed now.