Stage of resumption of criminal proceedings of new and newly discovered circumstances: appointment and grounds of proceedings
The article analyzes the problems of legislative regulation of the stage of the resumption of proceedings in view of new and newly discovered circumstances, its purpose, grounds for proceedings, sets out the legal position of the Constitutional Court of the Russian Federation on these issues, describes the practice of the European Court of Human Rights on the review of court decisions that have entered into force. The authors examine the differences between the institution of the resumption of criminal proceedings due to new or newly discovered circumstances from other proceedings for the review of court decisions, primarily from proceedings in a court of cassation or supervisory review; the grounds for the resumption of criminal proceedings due to new or newly discovered circumstances are investigated, a list of circumstances that relate to new, newly discovered, and also other new ones is given. Based on the analysis of the current criminal procedure legislation and judicial practice, it is proposed to introduce the concept of “other newly discovered circumstances in the Code of Criminal Procedure of the Russian Federation.