RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 10, 2009 No. 1

About practice of consideration by courts of claims according to the procedure of Article 125 of the Code of penal procedure of the Russian Federation

The right of appeal of decisions and actions (failure to act) of officials in pre-judicial production as guarantee of judicial protection of the rights and freedoms of citizens in criminal trial stipulated in Clause 46 Constitutions of the Russian Federation.

Generalization of court practice showed that courts generally correctly apply provisions of article 125 Code of Criminal Procedure of the Russian Federation. For the purpose of uniform application of the law Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Courts should mean that proceeding from general provisions of the criminal procedure legislation consideration of claims according to the procedure of article 125 Code of Criminal Procedure of the Russian Federation happens in the form of implementation of justice by rules of competitive legal proceedings in proceeding in open court, except as specified, of the stipulated in Article 241 Codes of Criminal Procedure of the Russian Federation.

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