RESOLUTION OF PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 26, 2012

About consideration of the questions which arose at courts in connection with entry into force since January 1, 2013 of the Federal Law of December 29, 2010 No. 433-FZ "About modification of the Code of penal procedure of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation"

Presidium of the Supreme Court of the Russian Federation, having considered the questions which arrived from courts arose in connection with entry into force since January 1, 2013 of the Federal Law of December 29, 2010 N 433-FZ "About modification of the Code of penal procedure of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation" (further - the Law), being guided by part 2 of article 16 of the Federal constitutional Law of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", decided:

1. According to item 4 of article 3 of the Law the supervising claims and representations of the prosecutor which are not considered for January 1, 2013 are considered by rules of Chapter 48 of the Code of Criminal Procedure of the Russian Federation. In sense of items 4 and the 5th article 3 of the Law in interrelations with article 4 Code of Criminal Procedure of the Russian Federation, review of the judgments which took legal effect till January 1, 2013 it is performed by the rules established by Chapter 48 of the Code of Criminal Procedure of the Russian Federation and when persons specified in article 402 Code of Criminal Procedure of the Russian Federation did not use the right to appeal of the judgment according to the procedure of supervision earlier or did not exhaust opportunities of supervising production on regulations of Chapter 48 of the Code of Criminal Procedure of the Russian Federation and brought the claim or representation to the specified judgments after December 31, 2012.

2. According to provisions of item 4 of article 3 of the Law the writs of appeal or representations which are not considered on the date of its entry into force are considered by the rules existing till January 1, 2013 that is by rules of Chapter 45 of the Code of Criminal Procedure of the Russian Federation. By the same rules the writs of appeal or representations given till January 1, 2013 in cases of cancellation of cassation determination and transfer of criminal case on new cassation trial are considered.

3. Proceeding from provisions of Item 5 of article 3 of the Law in interrelation with provisions of article 4 Code of Criminal Procedure of the Russian Federation, the claim and representation on the cassation determinations which are taken out by rules of Chapter 45 of the Code of Criminal Procedure of the Russian Federation after December 31, 2012 are subject to consideration according to the procedure, the Code of Criminal Procedure of the Russian Federation established by Chapters 47.1 or 48.1.

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