Acceso usuarios
Andrey A. Nikulin, Idris M. Gilmanov, Muhamat M. Gilmanov
The international documents oblige the Russian legislator to pay substantial attention to the issues of jurisdiction. These requirements are stipulated in paragraph 1 of Article 14 of the Covenant on Civil and Political Rights, paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, etc. The essence of these requirements is to provide the states with guarantees of the right to a fair public consideration of the case without any delay by a competent court.The issues of the court competence in the criminal cases in Russia are regulated in Article 31 of the Criminal Procedure Code of the Russian Federation. The significance of meeting the requirements of this article is in the fact that if there are some violations of the rules stipulated in Article 31, it automatically leads to a sentence cancellation. The sign of territorial jurisdiction, as a rule, is not violated, but there are not only the issues, but also the facts of violations and sentence cancellation concerning a compliance with the requirements of subject jurisdiction, i.e. which court should consider a particular criminal case in vertical direction. In such cases, the entire procedure starts again, of course, this is a nuisance for everyone. However, the arbitrary transfer of criminal cases from court to court is not allowed. In particular, no one can be deprived of the right to his case consideration by that court, to the jurisdiction of which it is attributed by law. This rule seems to be simple, but it should be impeccably observed.
