Features of Appeal Proceedings

The article is devoted to the appeal form of judicial review of criminal cases. In particular, the history of the introduction of such an institution in Ukraine, its development and the peculiarities of the legal settlement of the criminal procedural law of appeal proceedings today. Substantial changes in the institution of appeal review are marked by the adoption of the new Criminal Procedural Code of Ukraine. With the adoption of the CPC of Ukraine in 2012 expanded the scope of procedural documents that are subject to appeal. The expansion was preceded by the appearance in the criminal proceedings of a new procedural figure - an investigating judge, whose decisions are subject to appeal in appeal, along with sentences and rulings of the court of first instance, in accordance with Part 3 of Art. 392 CPC of Ukraine. We draw attention to the fact that the procedural procedure for filing an appeal was change. We note that the domestic appellate proceedings have the following procedural peculiarities: verification of a court decision, both from the actual and from the formal legal point of view, which provides: a) an expanded system of grounds for changing or abolishing court decisions; b) the possibility of an appellate instance under the conditions specified in the law to re-examine the circumstances established during the criminal proceedings and to investigate evidence that was not investigated by the court of the first instance; c) the possibility of a court of appellate instance, in cases provided for by law, to take a sentence or make a decision, wholly or partially replacing a verdict or a court of first instance decision, with a direct deterioration of the position of the accused or a person against whom compulsory measures of educational or medical nature have been applied; object of verification - activity of the courts of first instance, investigating judges and their results (judicial decisions that have not acquired legal force), for the sake of legality, reasonableness and justice; a wide range of subjects of the right to appeal; the possibility of appealing a court decision only within the limits of the requirements and arrangements declared and agreed during the criminal proceedings. The article analyzes a number of normative provisions of the Criminal Procedural Code of Ukraine, discusses the actual discussion issues related to the appeal review and expresses the opinions of leading scholars regarding the existing legislative gaps