CORRELATION OF THE SENTENCE CAME INTO LEGAL EFFECT AND FINAL JUDGMENT IN CRIMINAL PROCEDURE OF RUSSIA
the notion «sentence came into legal effect» was used traditionally in criminal procedural science and practice. This type of sentence possessed a number of characteristics (duties, exceptional nature, rigor execution, conclusiveness and obligation, invariability, validity, stability) which provided the possibility to be «law for a particular case». Existed system of verification of sentence did not have a systematic character, discredited legal effect of sentence, deprived its stability, and created impendence of legal certainty in state. Sentence, which came into legal effect was not final. According to the existed Soviet criminal proceeding legislation, verifying legal courts doubled each other. There was always the possibility to review the sentence for a number of times and according to the same grounds, there was almost indefinite time of reviewing. The European Court of Human Rights uses the notion «final court judgment». Judgment could come into legal effect only for some reasons: it should be close for reviewing in fact, it should be irreversible (reviewing of a final sentence of a court is possible only within some exceptional procedures and definite grounds). This notion is not new for Russian criminal procedure. It was used in the Regulations of Criminal Proceedings of 1864. The system of verification of sentence should provide the delivering of final judgment. Existed criminal proceeding legislation does not provide existence of final judgment. The existence of finality of sentence is provided with two facts: 1) if the sentence can not be verified and changed in fact, 2) its verification is carried out through exceptional pro cedures. Despite the fact that some efforts to provide legal certainty of reviewing of court judgments, a wide possibility to verify the sentence under cassational procedure, existence of two exceptional verifying court levels do not allow to talk about the existence of final judgment in modern criminal procedure. Guaranty of legal judgment is a basis for existence of legal correctness in society and state.