RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 15, 2006 No. 1

About practice of the resolution by courts of sentences (resolutions) by consideration of criminal cases in appeal procedure

The right to appeal appeal of judgments is guaranteed to Art. 129 of the Constitution of Ukraine and as the constitutional basis of legal proceedings constitutes the integral component of the right to judicial protection.

The right and obligation of Appeal Court to pronounce the sentence (resolution) during consideration of the case in appeal procedure, provided by Items 2, 3 p.1 Art. 366 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure), is one of guarantees of operational implementation of criminal trial and consequently, and timely criminal legal protection of the rights and freedoms of citizens.

Studying and generalization of practice of hearing of cases in appeal procedure showed that courts still it is not enough and not always correctly apply the specified law provisions.

For the purpose of ensuring exact and identical application by courts of the legislation during appeal consideration of criminal cases the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that the list of cases provided in p.1 Art. 378 by the Code of Criminal Procedure in which the Appeal Court cancels the court verdict of the first instance and pronounces the sentence is exhaustive in this connection it is allowed only when in the appeal of the prosecutor of the victim or his representative the question of cancellation of sentence on the bases listed in the specified regulation which are connected with deterioration one way or another in the provision justified or condemned is brought up.

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